The CHAIRMAN. We thank you very much, Mr. Kennedy. Are there any questions?

Mr. BAKER. Mr. Chairman.

The CHAIRMAN. Mr. Baker will inquire.

Mr. BAKER. First, may I extend to Governor Kennedy my own appreciation for his appearance here and his contribution to this most important subject. Just a question or two, Governor. We all know the contributions of coal mining to national defense and especially in time of actual war. Will you state to the committee when a mine is down about how long it takes to get it back in real production?

Mr. KENNEDY. It all depends on the length of the idleness. If the mine is idle for a month or more it would take at least another month to get the mine in operation.

Mr. BAKER. As to coal miners in general, applying that test on unemployment insurance that should be offered reasonably similar employment, is there some distinction, some difference, between coal miners and other unemployed people? Applying that test, will you tell us whether they should have a longer period when it is due to trade policy? Is there something unique in their occupation?

Mr. KENNEDY. I certainly do, for the reason that in the immediate vicinity of coal mines there are no other occupations to which they might go. There are no other industrial plants, or very few, with the result that when they are idle they are idle and they have absolutlely no opportunity to go anywhere else unless they move to Detroit or some other place where there might be available employment. However, generally speaking, when a mine is down as a result of failure of exports or the residual-oil situation or general decline in industry, those men are more adversely affected than the average cross section of American labor.

Mr. BAKER. I thank the gentleman very much.

Mr. UTT. Mr. Chairman.

The CHAIRMAN. Mr. Utt will inquire.

Mr. UTT. Mr. Kennedy, do you believe that it would be proper to include a section which would prohibit illegal aliens who are unemployed to draw unemployment insurance?

Mr. KENNEDY. I do not know about aliens. I think probably we have to take care of them while they are here. I would imagine, insofar as aliens are concerned, we probably have to take care of them while they are here on the same basis that we care for other people. In Pennsylvania, where we have aliens employed in the mining industry, they participate in the same wages and they participate in the same benefits of government as all other people. Mr. UTT. I am not talking about aliens. I am talking about aliens who are in this country illegally.

Mr. KENNEDY. Illegally?

Mr. UTT. Yes, sir.

Mr. KENNEDY. I think they ought to be sent back.

Mr. UTT. My question is, do you believe that illegal aliens in this country should be allowed to draw unemployment insurance?

Mr. KENNEDY. I think if they are here, Congressman, they are probably entitled to participate to the same extent as all other people. Mr. UTT. If they are here illegally?

Mr. KENNEDY. Yes. That has been the case.

Until it is found

out that they are here illegally, of course, they participate in the same benefits as all others.

Mr. UTT. That is all.

The CHAIRMAN. We thank you, sir, for your observations.

Mr. KENNEDY. Thank you.

The CHAIRMAN. The next witness is Mr. Elwood Hain, chairman, lead and zinc council, United Gas, Coke, Chemical Workers of America, CIO. I think the reporter has the capacity in which you appear and your name. You may proceed.

Mr. BAKER. Mr. Chairman.

The CHAIRMAN. Mr. Baker.

Mr. BAKER. Two of these gentlemen, Mr. John Marshall, president of local 401 of the zinc workers, of Bartlesville, Okla., and Mr. Homer Wilson, president of local 407, at Mascot, Tenn., follow on the witness list. I would like these two gentlemen to sit with Mr. Hain so they may make some contribution.

The CHAIRMAN. Without objection, we will be glad to have them. Proceed.

STATEMENTS OF ELWOOD HAIN, CHAIRMAN, LEAD AND ZINC COUNCIL, UNITED GAS, COKE, CHEMICAL WORKERS OF AMERICA, CIO; JOHN MARSHALL, PRESIDENT, LOCAL 401, UNITED GAS, COKE, CHEMICAL WORKERS OF AMERICA, CIO, BARTLESVILLE, OKLA.; AND HOMER WILSON, PRESIDENT, LOCAL 407, UNITED GAS, COKE, CHEMICAL WORKERS OF AMERICA, CIO, MASCOT, TENN.

Mr. HAIN. Mr. Chairman and distinguished committee, we are here representing the lead and zinc workers of the United Gas, Coke, Chemical Workers of America, CIO; and, as the committee knows there is a serious problem involved in this industry.

The CHAIRMAN. In order to be perfectly clear, Mr. Hain, is it Homer Wilson that is with you?

Mr. HAIN. This is Mr. Homer Wilson, and this is Mr. John Marshall. Mr. Marshall is representing the smeltermen's union, and Mr. Wilson is representing hard-rock miners, both of which are in our union and both of which it takes to make lead and zinc. You first have to dig it out of the ground, and then you have to smelt it, so we have just brought in 1 representative from each of the 2 workings of the lead and zinc situation.

For some time now the Congress has been aware of the serious economic distress in the domestic lead and zinc mining and smelting industry. This fact is shown by the large number of bills which have been introduced in the Congress proposing in one way or another the distress in this industry.

These bills which have been introduced are, I believe, about 15 in number, some from the Senate and some from the House. Senate bill 1562 was introduced by Senator Dworshak of Idaho; Senate bill 1619, by Senator Malone of Nevada; Senate bill 1620, by Senator Malone of Nevada; Senate bill 3349, by Senator Millikin of Colorado for himself and Senators Johnson of Colorado, Bennett of Utah, Case of South Dakota, Mundt of South Dakota, Watkins of Utah, Kuchel

of California, Barrett of Wyoming, Hunt of Wyoming, and Anderson of New Mexico; House bill 4462, by Congressman Stringfellow of Utah; House bill 4796, by Congressman Withrow of Wisconsin; House bill 5019, by Congressman Young of Nevada; House bill 5780 by Congressman King of California; House bill 6011, by Congressman Dawson of Utah; House bill 6651, by Congressman Metcalf of Montana; House bill 8720, by Congressman Dawson of Utah; House bill 8752, by Congressman Ewart of Montana; House bill 8820, by Congressman Aspinall of Colorado; House bill 8827, by Congressman Dawson of Utah; and House bill 8892, by Congressman Young of Nevada.

At the height of this interest this committee and the Senate Finance Committee adopted resolutions which resulted in an extensive investigation, under section 332, of this whole problem by the United States Tariff Commission.

Simultaneously, the Commission heard an application for "escape clause" action under section 7 of the Trade Agreements Extension Act of 1951. The first paragraph of the identical resolutions adopted by both committees reads as follows:

Resolved, That the Tariff Commission is hereby directed pursuant to section 332 of the Tariff Act of 1930, as amended (19 U. S. C. 1332), to make a thorough investigation of the domestic lead and zinc industries, including the effect of the imports of lead and zinc on the livelihood of American workers, and to report the results of its investigation to the Senate Finance Committee on or before Macrh 31, 1954.

This committee has already taken cognizance of the problem which has been raised regarding the effect of foreign trade in this industry "on the livelihood of American workers.”

No effect on the livelihood could be greater than that of total or partial unemployment. Since this committee adopted the above resolution we are here today.

Recently the Tariff Commission issued its report. At this time we shall distribute some copies of that report with which we are sure you are familiar, and request that it be incorporated by reference in our statement at this point. This is a rather extensive document, proving the contentions that we make here and which we made before the Tariff Commission in its hearings held last November.

The CHAIRMAN. This voluminous document cannot be printed as a part of the record of this hearing. We will see that reference is made to them at this point in the record.

The document referred to is, Lead and Zinc-Report on Investigation Conducted Under Section 332 of the Tariff Act of 1930, by the U. S. Tariff Commission.

Mr. HAIN. Yes sir; just by reference, Mr. Chairman.

The CHAIRMAN. Without objection it is so ordered.

Mr. HAIN. As a result of these hearings and this report we understand the Commission has made some recommendations under the "escape clause" and these are now pending before the President.

These bills and this report, in our opinion, conclusively prove the urgent necessity for some action to assist the workers who have borne the brunt of the economic dislocation in this industry. This is a special case which we feel requires Federal action because of the extent of Federal involvement in bringing about the situation as it exists today.

There are two factors which made the Federal trade and tariff policy especially pertinent in regard to employment in lead and zinc. Unlike most industries which were relieved from controls at an earlier period the lead and zinc industry continues to be affected by policy decisions made during the earlier days of the Korean emergency. These strategic metals constantly face the up and down needs of the Federal Government. When war policy requires it these mines and smelters are expanded, new shafts are sunk, the Government seeks to purchase on long term contracts from every available source.

As a result of this whole problem we were very encouraged when Congressman Baker introduced H. R. 8585 and we are here in strong support of that measure. This bill deserves the support of the administration and of the Congress.

Though it is focused at a special problem its strength lies in its permissive nature rather than providing a compulsory mandate. The bill requires the Tariff Commission to make a "finding" and the President to "certify" that the unemployment in a given industry or segment thereof results from Federal tariff or trade policy. This permissible policy eliminates potentiality of conflict with the administration of either the foreign trade policy or the unemployment compensation administration.

The bill provides further that the payment of unemployment compensation to an unemployed individual shall be increased to an amount not in excess of two-thirds of the individual's average weekly wage. And that likewise, that the duration of benefits shall be for a period of not more than 39 weeks in a benefit year. Only then will the State be eligible for a Federal supplementary grant.

These suggested provisions are not inconsistent with the recommendations which President Eisenhower made regarding benefits in his January economic report. These recommendations are not inconsistent with the recommendations of the Secretary of Labor in his communications to the governors of the several States dated February 16, 1954.

With the exception that in view of the extensive nature of this distress and the source of it, the Federal Government, we are recommending that the Federal Government take this step of providing supplementary benefits for a single year.

We note the bill makes one further concession in relation to the financing of such supplementary grants required under its terms. It provides that these grants shall be allocated "out of the proceeds of customs duty collected under the Tariff Act of 1930 as amended." We see no objection in having these supplementary payments made out of customs duty.

At present customs duties are not allocated but go into the general fund. But, the fact is that they are collected from imports which result from the implementation of Federal foreign trade policy. Thus they are collected from the implementation of the same broad policy which has caused our problem in the lead and zinc industry.

At the present time the unemployed or partially employed workers are financing the major cost which results from this Federal foreign trade policy. We believe it would be fair to shift some part of this cost from the workers on to customs receipts which result from the same policy.

Mr. Chairman, at this time if there are any questions we will try to answer them and I would also like brother Marshall, who is experienced in the smelter industry, and brother Wilson, who is a hard rock miner, to add whatever they care to to this serious situation for the benefit of whatever it may be worth this committee. We want to say again that we are in support of this bill as a minimum.

The CHAIRMAN. You are speaking now of Congressman Baker's bill? Mr. HAIN. Yes. We also think that there should be under the serious situation that exists today possibly broader bills studied and considered by this committee, but at this point as far as the lead and zinc workers are concerned in this country, we certainly support this bill as far as it goes.

The CHAIRMAN. We thank you, Mr. Hain. You made a very fine presentation and a very interesting one. Are there questions? Mr. MASON. Mr. Chairman.

The CHAIRMAN. Mr. Mason will inquire.

Mr. MASON. Mr. Hain, I have two of the oldest and one of the largest zinc smelters in the country in my district: Illinois Zinc at Peru and Matthiessen & Hegeler at LaSalle. Matthiessen & Hegeler own two other zinc smelters in the East. I did not introduce a bill. I was not one of this list that you read off here of those that have bills. Does that mean that I am not interested in this subject and interested in the fact that 400 or 500 men have been thrown out of employment in my own hometown? It does not, because with all these bills in the hopper I felt it was unnecessary for me to introduce another bill similar to these.

However, I am saying this: The Baker bill if adopted will throw the spotlight of publicity upon these groups of unemployed, special groups of unemployed, that have become unemployed because of the policy of the Federal Government, and I say that that bill ought to be adopted, operated a year, and then we will probably enlighten the country as to what our tariff policies have been doing to the workers of America.

Mr. HAIN. We appreciate your statement very much. I thought when you started to speak that maybe you had introduced a bill and by not knowing all the ropes around here I might have missed a bill or two and did not get you on the list.

Mr. MASON. I usually confine my bills to tax bills and maybe social securlty bills because that is what our interests are mainly.

Mr. HAIN. I think perhaps you and this committee that is with me today are in a great deal of agreement when you say that this bill will at least throw a spotlight on the situation. It supports the contention awhile ago that we would like to see this bill supported even though maybe we think it does not go far enough. It is a start in the right direction.

The CHAIRMAN. Mr. Marshall or Mr. Wilson, do either of you gentlemen have anything to add?

Mr. MARSHALL. My name is John Marshall.

The CHAIRMAN. A very celebrated name.

Mr. MARSHALL. That is right. That is my great-great-grandfather, Mr. Chairman.

The CHAIRMAN. Very fine.

Mr. MARSHALL. I am president of local 401, Bartlesville, Okla., United Gas, Coke, and Chemical Workers of America. I would like

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