Labor-Management Reform Legislation

LABOR-MANAGEMENT REFORM LEGISLATION

HEARINGS

BEFORE THE

SUBCOMMITTEE ON LABOR

OF THE

COMMITTEE ON

LABOR AND PUBLIC WELFARE

UNITED STATES SENATE

EIGHTY-SIXTH CONGRESS

FIRST SESSION

S. 505, S. 748, S. 76, S. 1002, S. 1137, and S. 1311"

BILLS PERTAINING TO LABOR-MANAGEMENT REFORM

JANUARY 28, 29, 30, FEBRUARY 2, 3, 4, 5, 6, 16,
MARCH 4 AND 9, 1959

Printed for the use of the Committee on Labor and Public Welfare

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1959

PAT MCNAMARA, Michigan
WAYNE MORSE, Oregon
JENNINGS RANDOLPH, West Virginia

BARRY GOLDWATER, Arizona

EVERETT MCKINLEY DIRKSEN, Illinois
WINSTON L. PROUTY, Vermont

JOHN S. FORSYTHE, General Counsel of Committee
RALPH DUNGAN, Professional Staff Member
SAMUEL MERRICK, Special Counsel
MICHAEL J. BERNSTEIN, Minority Counsel

Report of the Department of Labor on bills to amend the Labor-Manage-

ment Relations Act of 1947.

CHRONOLOGICAL LIST OF WITNESSES

JANUARY 28, 1959

Biemiller, Andrew J., director, Department of Legislation, AFL-CIO, ac-

companied by J. Albert Woll, general counsel, Thomas Harris, associate

general counsel, and Arthur Goldberg, special counsel, AFL-CIO.......

Schmidt, Godfrey P., attorney, New York....

JANUARY 29, 1959

Cox, Prof. Archibald, Harvard Law School, Cambridge, Mass...

JANUARY 30, 1959

Tower, Charles H., National Association of Broadcasters.

Triggs, Matt, assistant legislative director, American Farm Bureau Feder-

Browne, Harry, attorney, American Retail Federation, Kansas City, Mo.-

Rooney, Frank J., chairman of the Labor Committee of the Associated

General Contractors of America, Inc., accompanied by William Dunn,

assistant executive director..

Raber, John, president, Indiana Farmers Union, representing the National

Farmers Union, accompanied by Reuben Johnson, of the Washington

staff..

FEBRUARY 3, 1959

Reilly, Gerard D., the Chamber of Commerce of the United States, ac-

companied by William B. Barton, general counsel, U.S. Chamber of Com-

merce..

Shouvlin, Joseph C., president, Foremanship Foundation, Dayton, Ohio..

Jeffrey, Harry P., secretary and general counsel, Foremanship Foundation,

Dayton, Ohio.

FEBRUARY 4, 1959

Mitchell, James P., Secretary of Labor, accompanied by Stuart Rothman,

CHRONOLOGICAL LIST OF WITNESSES-Continued

FEBRUARY 5, 1959

Ervin, Hon. Sam J., Jr., U.S. Senator from the State of North Carolina..

Mitchell, Hon. James F., Secretary of Labor, accompanied by Stuart

Rothman, Solicitor__

Lester, Richard A., professor of economics, faculty associate in the indus-

trial relations section, acting chairman of the department of economics

and sociology, at Princeton University-

Hardenbrook, Donald J., chairman of the Industrial Relations Committee

of the National Association of Manufacturers, accompanied by Lambert

Miller, general counsel of the association..

FEBRUARY 6, 1959

Harrison, George M., chairman, Special Legislation Committee, Railway

Labor Executive Association; grand president, Brotherhood of Railway

& Steamship Clerks, Freight Handlers, Express & Station Employees,

accompanied by Edward Hickey, counsel.

Gray, Richard J., president of the Building and Construction Trades

Department, AFL-CIO, accompanied by Louis Sherman, legal counsel..

Hayes, A. J., international president, International Association of Ma-

chinists; accompanied by Arthur J. Goldberg, AFL-CIO, special counsel;

Edward Hickey, special counsel; Plato E. Papps, chief counsel; and,

J. William O'Connell, assistant to international president, International

Association of Machinists..

Goldberg, Arthur J., special counsel, AFL-CIO__

FEBRUARY 16, 1959

Leedom, Boyd, Chairman, National Labor Relations Board, accompanied

by Louis G. Silverberg, Director of Information, NLRB, and James V.

Constantine, Solicitor, NLRB...

McClellan, Hon. John L., a U.S. Senator from the State of Arkansas...

697

MARCH 9, 1957

Mundt, Hon. Carl T., a U.S. Senator from the State of South Dakota....

STATEMENTS

729

INDIVIDUALS

Barela, Federico, president of the Association of State Labor Relations and

chairman of the Puerto Rico Labor Relations Board...

Beirne, Joseph A., president, Communications Workers of America, on

S. 505...

777

800

Supplemental statement on "supervisor".

804

Biemiller, Andrew J., director, Department of Legislation, AFL-CIO,
accompanied by J. Albert Woll, general counsel; Thomas Harris, asso-
ciate general counsel; and Arthur Goldberg, special counsel
Browne, Harry, attorney, American Retail Federation, Kansas City, Mo..
Prepared statement__

42, 565

167

Curtis, Hon. Carl T., a U.S. Senator from the State of Nebraska..

Cox, Archibald, professor, Harvard Law School, Cambridge, Mass
Prepared statement.

Else, John H., legislative counsel, National Retail Lumber Dealers Asso-

807

Gilmer, Ben S., president of the Southern Bell Telephone & Telegraph Co.

Goldberg, Arthur J., special counsel, AFL-CIO..

Ervin, Hon. Sam J., Jr., U.S. Senator from the State of North Carolina..

Fischer, Fred C., chairman, Employees Relations Committee of the Na-

tional Retail Merchants Association....

Gray, Richard J., president, Building and Construction Trades Depart-
ment, AFL-CIO, accompanied by Louis Sherman, legal counsel..

492

STATEMENTS-Continued

INDIVIDUALS-Continued

Hardenbrook, Donald J., chairman of the Industrial Relations Committee

of the National Association of Manufacturers, accompanied by Lambert

Miller, general counsel.

Prepared statement..

Harrison, George M., grand president, Brotherhood of Railway & Steam-

ship Clerks, Freight Handlers, Express & Station Employees -

Hayes, A. J., international president, International Association of Machin-

ists, accompanied by Arthur J. Goldberg, special counsel, AFL-CIO;

Edward Hickey, special counsel; Plato E. Papps, chief counsel; and

J. William O'Connell, assistant to the International president, inter-

national Association of Machinists..

Supplemental remarks.....

James, Fleming, Jr., chairman, Connecticut State Board of Labor Rela-

tions.

Jeffrey, Harry P., secretary and general counsel, Foremanship Foundation,

Leedom, Boyd, chairman, National Labor Relations Board, accompanied

by Louis G. Silverberg, Director of Information, and James V. Con-

stantine, Solicitor, NLRB..........

Lester, Prof. Richard A., professor of economics, faculty associate in the
industrial relations section, acting chairman of the department of
economics and sociology, Princeton University.

Lattle, George P., president, National Acoustical Contractors Association,

on S. 505..

McClellan, Hon. John L., a U.S. Senator from the State of Arkansas..
Miller, William W., on behalf of Illinois Manufacturers' Association_
Mitchell, James P., Secretary of Labor, accompanied by Stuart Rothman,
Solicitor.

603

432

775

697

766

255, 292, 327

Mitnick, Carl T., president, National Association of Home Builders..

Mundt. Senator Karl E., a U.S. Senator from the State of South Dakota_

Packard, Arthur J., chairman, Governmental Affairs Committee, American

Hotel Association....

762

729