RAILROAD SHOPCRAFT DISPUTE

WEDNESDAY, MAY 10, 1967

U.S. SENATE,

SUBCOMMITTEE ON LABOR OF THE

COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C. The subcommittee met at 9:50 a.m., pursuant to call, in room 4232, New Senate Office Building, Senator Ralph Yarborough (chairman of the subcommittee) presiding.

Present: Senators Yarborough (presiding), Morse, Randolph, Pell, Nelson, Javits, Prouty, Fannin, and Griffin.

Also present: Senator Kennedy of Massachusetts.

Committee staff members present: Stewart E. McClure, chief clerk; Robert O. Harris, counsel to the Labor Subcommittee; Gene Godley, professional staff member; Eugene Mittleman, minority counsel; and Peter Benedict, minority labor counsel.

Senator YARBOROUGH. The Subcommittee on Labor will come to order.

This morning we are meeting to consider legislation pertaining to the current dispute in the railroad industry between labor and management. The importance of this dispute is illustrated by the fact that it involves approximately 95 percent of the mileage in the United States and about 137,000 railroad employees represented by the six labor organizations involved.

Because of the importance of the matter before us both in this particular dispute and in its implications for the future of collective bargaining, this subcommittee will be afforded the opportunity of hearing from those deemed by experts in the field to be most qualified and informed witnesses familiar with the particular situation involved in the craft disputes and generally probably in the railroad industry.

As chairman, I invite all Senators to feel free to question of the witnesses who appear before us so that your consideration of possible legislation will be based upon the best and most extensive information available. This is particularly important as we measure our actions against the certainty that we might be setting a precedent which will affect the future of collective bargaining.

While this matter has been referred to this subcommittee, I have invited all members of the full committee to sit in with us and to participate fully, asking questions if they so desire. This is felt necessary because long prior to this matter arising and the necessity of our holding this hearing, the Manpower Subcommittee, another subcommittee of the full Labor and Public Welfare Committee, had set up hearings in California. They are out there now, some members of that sub

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committee. Senators Javits and Prouty both stayed here for this morning.

Due to the fact that our subcommittee has divided its hearings, in order to make up for that gap I have invited any member of the full committee, if he wishes, to come in and participate fully with us.

As we seek to preserve the integrity of the bargaining process, we must keep in mind that in 1963 the Congress in passing Public Law 88-108 did not intend compulsory arbitration of the work rules dispute; yet, as I believe the Secretary of Labor will agree, that has been the effect of the legislation of 1963.

Today, we must be certain that we are aware of the full implications of any action taken by this committee. Accordingly, we are scheduled to hear on Thursday from other witnesses, from Secretary Boyd of the Department of Transportation and Mr. Michael Fox, president of the Railway Employees Department of the AFL-CIO. On Friday, Mr. Wolfe, chairman of the National Railway Labor Conference, and Mr. Leighty, chairman of the Railway Labor Executives Association.

In succeeding days we expect to hear from participants in the 1963 railroad dispute and from individuals whose wide range of experience in railroad labor-management relations will be of benefit to the subcommittee. That will extend into next week. Of course the length of the hearings we are unable to estimate at this time.

(Senate Joint Resolution 81 and the message from the President of the United States follow:)

90TH CONGRESS 1ST SESSION

S. J. RES. 81

IN THE SENATE OF THE UNITED STATES

MAY 4, 1967

Mr. MORSE (for himself, Mr. DIRKSEN, and Mr. MANSFIELD) introduced the following joint resolution; which was read twice and referred to the Committee on Labor and Public Welfare

JOINT RESOLUTION

To provide for the settlement of the labor dispute between certain carriers by railroad and certain of their employees. Whereas the labor dispute between the carriers represented by the National Railway Labor Conference and certain of their employees represented by the International Association of Machinists and Aerospace Workers; International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers; Sheet Metal Workers' International Association; International Brotherhood of Electrical Workers; Brotherhood of Railway Carmen of America; International Brotherhood of Firemen and Oilers functioning through the Railway Employees' Department, AFL-CIO, labor organizations, threatens essential transportation services of the Nation; and

Whereas Emergency Board Numbered 169 (created by Execu

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tive Order 11324, January 28, 1967, 32 F.R. 1075) has made its report; and

Whereas, under procedures for resolving such dispute provided for in the Railway Labor Act as extended and implemented by Public Law 90-10 of April 12, 1967, as amended, the parties have not succeeded completely in resolving all of their differences through the processes of free collective bargaining; and

Whereas related disputes have been settled by private collective bargaining between the carriers and other organizations representing approximately three-quarters of their employees, so that the present dispute represents a barrier to the completion of this round of bargaining in this industry; and Whereas a Special Mediation Panel appointed by the President

upon enactment of Public Law 90-10 proposed settlement terms to assist the parties in implementation of the collective bargaining envisaged in the recommendations of Emergency Board Numbered 169; and

Whereas it is desirable to provide procedures for the orderly culmination of this collective bargaining process; and

Whereas the national interest, including the national health and defense, requires that transportation services essential to interstate commerce be maintained; and

Whereas the Congress finds that an emergency measure is essential to security and continuity of transportation services by such carriers: Therefore be it

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Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 3 That there is hereby established a Special Board for the

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1 purpose of assisting the parties in the completion of their 2 collective bargaining and the resolution of the remaining 3 issues in dispute. The Special Board shall consist of five 4 members to be named by the President. The National Media5 tion Board is authorized and directed: (1) to compensate the 6 members of the Board at a rate not in excess of $100 for 7 each day together with necessary travel and subsistence 8 expenses, and (2) to provide such services and facilities as 9 may be necessary and appropriate in carrying out the pur10 poses of this resolution. For the purpose of any hearing con11 ducted by the Special Board, it shall have the authority con12 ferred by the provisions of sections 9 and 10 (relating to the 13 attendance and examination of witnesses and the production 14 of books, papers, and documents) of the Federal Trade 15 Commission Act of September 26, 1914, as amended (15 16 U.S.C. 49, 50).

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SEC. 2. The Special Board shall attempt by mediation 18 to bring about a resolution of this dispute and thereby to 19 complete the collective bargaining process.

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SEC. 3. If agreement has not been reached within thirty 21 days after the enactment of this Resolution. the Special 22 Board shall hold hearings on the proposal made by the 23 Special Mediation Panel, in its report to the President of 24 April 22, 1967, in implementation of the collective bargain25 ing contemplated in the recommendation of Emergency