DAY LABORER PROTECTION ACT OF 1971 4 MAR 29 HEARINGS Copy 1972 BEFORE THE SPECIAL SUBCOMMITTEE ON LABOR. OF THE United States. Congress. Hou COMMITTEE ON EDUCATION AND LABOR NINETY-SECOND CONGRESS FIRST SESSION ON H.R. 10349 A BILL TO ESTABLISH AND PROTECT THE RIGHTS OF DAY LABORERS 7. 178 HEARINGS HELD IN WASHINGTON, D.C., Printed for the use of the Committee on Education and Labor U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1972 FRANK THOMPSON, JR., New Jersey ALBERT H. QUIE, Minnesota EDWIN D. ESHLEMAN, Pennsylvania EARL B. RUTH, North Carolina PETER A. PEYSER, New York Tearings held in Washington, D.C.: Catement of— Bullard, Willis C., attorney, representing National Technical Services Dendy, William, cochairman, project Amos, accompanied by Rev. Donohue, John, Association of Catholic Trade Unionists, New York 15 24 Lawrence, Richard J., executive vice president, National Association 84 Prepared testimony, memorandum and attachments: Bullard, Willis C., attorney, representing National Technical Services Association, National Association of Temporary Services, and "An Indication of Good Faith on Day Labor," an article entitled "Contractors Donate Shoes, Start Gripe Service,' a newspaper "Day Labor Firms Work To Clean Up Area, Image," a newspaper "Day-Labor Market Satisfies Most," a newspaper article en- "Day Labor Services Take Part in Area Cleanup," a newspaper "Employment and Earnings in the Temporary Help Supply Service Industry, New York State," an article entitled____ "Institute of Temporary Services: Code of Good Practices for Memorandum to Members of Commission on Labor Laws, with certain attachments and newspaper clippings from the Sun Times Prepared testimony, memorandum and attachments-Continued Mikva, Hon. Abner J., a Representative in Congress from the State of Page 5 Raff, Divid, director, Clinical Programs, New York University Robinson, James L., director, Office of Government Liaison, United Thompson, Hon. Frank, Jr., a Representative in Congress from the Winter, Elmer L., president, Manpower, Inc.: Exhibit A.-Time when customer orders are received-by percent. Exhibit C.-Minimum wage scales.. Exhibit D.-Distribution of Manpower's Sales Dollar. APPENDIX Brief preliminary survey of the materials in the Project AMOS files, Brockman, Allan A., Atlanta, Ga., letter from, dated September 15, 1971.. Clayman, Jacob, statement on behalf of the Industrial Union Department, Fair, Mary B., Tucker, Ga., letter from, dated October 10, 1971_-_ 50 127 177 73 74 74 75 83 181 241 224 222 241 241 Millea, Father Thomas V., Project AMOS, Chicago, Ill., letter from, dated October 28, 1971, enclosing attachments. 235 Pollak, Stephen J., Washington, D.C., letter from, dated November 16, 1971, including statements. 229 Szulgit, John P., executive secretary, New York State Council of Catholic Steinberger, Hugh M., president and treasurer, Industrial Temporaries, Survey of State Attorneys General and State Labor Commissioners, 240 231 191 DAY LABORER PROTECTION ACT OF 1971 WEDNESDAY, OCTOBER 20, 1971 HOUSE OF REPRESENTATIVES, OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met at 11:45 a.m., pursuant to call, in room 2175, Rayburn House Oflicer Building, Washington, D.C. Present: Representatives Thompson, Clay, and Ashbrook. Staff members present: Hugh G. Duffy, counsel; Jeunesse M. Beaumont, subcommittee clerk; Michael J. Bernstein, minority counsel for labor; and John C. Miller, associate minority counsel for labor. Mr. THOMPSON. The subcommittee will be in order. I apologize to those of you who have been waiting. It slipped our mind that the Democratic caucus rules are such that committee and subcommittee meetings are not to be scheduled when there are caucuses. There was a caucus this morning which I was not aware of when we scheduled the meeting. Today we begin 2 days of hearings on H.R. 10349, the Day Laborer Protection Act of 1971. This bill and several identical bills were introduced by our distinguished colleague from Illinois, Mr. Mikva. The bill proposes to regulate temporary help supply firms by requiring that they obtain a license to do business from the Secretary of Labor. It sets up certain minimum standards which firms must meet and forbids certain practices such as restrictive hiring clauses and the use of day laborers as strikebreakers. This is a topic about which we know relatively little at the present time. As far as we can determine there are no academic experts who have studied the problems of day laborers on a national scale and the Government has thus far not undertaken any studies. Our plan then is to spend these 2 days listening to some of the workers themselves, social action groups which have worked with them, and employer organizations, to get a better feel for the problem. We are not sure whether the reported abuses of some employees in this field are simply isolated instances or are characteristic of the industry. Once our hearing record is completed and we have had a chance to analyze what we have found, we will decide whether further hearings or legislative action are called for. At this point I will insert in the record, without objection, the text of H.R. 10349 and a staff analysis of H.R. 10349. (1) |