Full Utilization of Manpower

Gentlemen, this meeting of the committee has been called for the purpose of starting hearings on H. R. 2239, a bill to amend the Selective Training and Service Act of 1940 and to provide further for the successful prosecution of the war by prohibiting acts interfering with the full utilization of manpower.

The bill is as follows:

[H. R. 2239, 78th Cong., 1st sess.]

A BILL To amend the Selective Training and Service Act of 1940 and to provide further for the successful prosecution of the war by prohibiting acts interfering with the full utilization of manpower

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DECLARATION OF POLICY AND INTENT OF CONGRESS

SECTION 1. (a) The Congress hereby declares that in view of the critical nature of the present war and in justice to those in the armed forces of the United States, it is necessary to provide further for the comprehensive, orderly, and effective utilization of the manpower of the Nation in support of the war effort.

(b) The Congress further declares, as the general principle governing such utilization, that an obligation rests upon every person to render such personal service in aid of the war effort as he or she may be deemed best fitted to perform. (c) The Congress further declares that it is essential that those charged with the duty of managing and directing the industrial enterprises of the country in mining, agriculture, manufacture, construction, and distribution shall have, and be protected in the exercise of, adequate authority to insure uninterrupted service by those employed in such undertakings, and to prevent the useless waste of existing manpower.

SEC. 2. Section 5E of the Selective Service and Training Act of 1940 is amended by inserting at the end thereof the following proviso: "Provided, That none of the provisions of this subsection relating to deferment from service shall apply to any person who violates any of the following provisions of this Act, and every employer shall on or before the 10th day of March, June, September, and December of each year report to the appropriate selective service local board the name of each employee subject to the jurisdiction of each local board who has failed to comply with the following provisions of this Act."

SEC. 3. Until the expiration of days from the date on which the President proclaims that hostilities in the present war have ceased, any rules, practices, policies, or requirements of any labor organization or group of employees, or any provision of any contract, agreement, or understanding to which a labor organization is a party, which

(1) prescribes, or has the effect of prescribing, the minimum number of employees to be employed in any work, project, or employment; or

(2) prescribes, or has the effect of prescribing, the period or manner of training or apprenticeship as a condition of eligibility for employment on any particular work, project, or employment; or

(3) prescribes, or has the effect of prescribing, in cases where there is a reduction in the amount of, or in the time required to perform, any particular work, that compensation be paid as if such reduction had not taken place; or (4) prescribes, or has the effect of prescribing, the the kind of tools or equipment which the members of such organization are permitted to use, or otherwise prohibits its members from using, or from working on any work, project, or employment on which there is used, any specified labor saving devices; or

(5) requires, or has the effect of requiring, by reason of one or more individuals not members of a labor organization having been employed for any work, that there also be employed one or more individuals who are members of such labor organization for the performance of the same work to be present while such work is being performed; or

(6) in any other manner interferes with the full utilization of the Nation's manpower in the present war,

are hereby declared void and of no effect, and the enforcement or application of such rules, practices, policies, or requirements of any labor organization, and provisions of any contract or agreement to which any labor organization is a party, or any attempt to enforce or apply such rules, practices, policies, or requirements of any labor organization, and provisions of any contract of agreement to which any labor organization is a party, are hereby declared to be unlawful.

SEC. 4. Every contractor engaged in work connected with the prosecution of the war shall have the responsibility for taking any necessary action hereunder, including the duty to report promptly any such rules, practices, policies, or requirements, or their attempted enforcement or application, to the appropriate contracting agency of the Government, or to his prime contractor, if he is not himself a prime contractor. In the discharge of his obligations to the Government every contractor shall be responsible for achieving and maintaining maximum efficiency and continuity of operations, and most effective use of available manpower, and shall have authority to take such lawful disciplinary measures within his plant or among his employees as may be necessary to insure such maximum efficiency and continuity of operation. He shall be responsible for acts of his executive, administrative, professional, or supervisory employees within the scope of their employment, and such employees shall not be eligible to membership in any labor organization engaging in collective bargaining with the contractor, nor shall such contractor be required to engage in collective bargaining with any labor organization, including any of such employees in its membership.

SEC. 5. Any concerted action, or threats, by any persons whatsoever, designed to coerce any contractor to deal collectively with a labor organization, including such executive, administrative, professional, or supervisory employees in its membership, shall be unlawful and punishable hereunder.

SEO. 6. The term "contractor" as used herein shall include any person, firm, or corporation producing, processing, or supplying any article or service to the United States Government or to any agency thereof, or to any other person, firm, or corporation engaged in supplying such articles or services to the Government.

SEC. 7. Any violation of this Act shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than one year, or both, in the discretion of the court.

SEC. 8. All laws and parts of laws in conflict with the provisions of this Act are hereby suspended to the extent of such conflict for the period in which this Act shall be in force.

This bill was introduced by Judge Smith, a Representative from the State of Virginia, and referred to this committeee by the Speaker. As I understand the bill, it both affects the question of manpower and the utilization of manpower and, as well, probably goes to the extent of dealing with acts of interference with production within the industries of the country.

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