I. ALPHABETICAL LIST OF WITNESSES Ching, Hon. Cyrus S., Director, Federal Mediation and Conciliation Goldberg, Arthur J., general counsel, CIO and United Steelworkers of Herzog, Hon. Paul M., Chairman, National Labor Relations Board. Monday, January 31, 1949: Hon. Maurice J. Tobin, Secretary of Labor.... Tuesday, Feb. 1, 1949: Hon. Cyrus S. Ching, Director, Federal Mediation Wednesday, Feb. 2, 1949: Hon. Paul M. Herzog, Chairman, National Labor Relations Board.. 116 203 Hon. Maurice J. Tobin, Secretary of Labor 268 III. LIST OF STATEMENTS AND COMMUNICATIONS Federal Mediation and Conciliation Service-effects of a house- keeping transfer to Department of Labor.. Federal Mediation and Conciliation Service-comparison of effective- ness of United States Conciliation Service in Department of Labor and Federal Mediation and Conciliation Service an independent Federal Mediation and Conciliation Service- would transfer to the Letter of, to Senator Thomas, in re testimony of Secretary of Labor Table 1. Comparison of average travel costs United States Concilia- tion Service and Federal Mediation and Conciliation Service, Table 2. Comparison of average communication costs United States Conciliation Service and Federal Mediation and Conciliation Service, fiscal years 1942-50, inclusive... Table 3. Comparison of average salary costs and average over-all costs, United States Conciliation Service and Federal Mediation and Con- ciliation Service, fiscal years 1942 to 1950, inclusive.......... Donnell, Hon. Forrest C., a United States Senator from the State of Mis- souri, insertion of: Presidential proclamation of Hon. Franklin D. Roosevelt, September 8, 1939, in re national emergencies Goldberg, Arthur J., general counsel, CIO and United Steelworkers of America, insertion of: Constitution and bylaws of United Steelworkers Herzog, Hon. Paul M., Chairman, National Labor Relations Board, inser- Letters of, to Senator Thomas, in re correction of portions of Mr. Letter and seven exhibits of, addressed to Senator Morse, in re relation- ship between Board and general counsel under Labor-Management Morse, Hon. Wayne, a United States Senator from the State of Oregon, Article from Evening Star, Washington, D. C., February 3, 1949, Memorandum submitted by, from Library of Congress-Legislative Reference Service, power of President to declare an emergency- War Labor Board, decision of, in Newark Transit case.. Pepper, Hon. Claude, a United States Senator from the State of Florida, insertion of: Newspaper article, paragraph from, New York Herald Tribune, January 31, 1949, in re strikes affecting national health and Thomas, Hon. Elbert D., a United States Senator from the State of Utah, Amendment in nature of a substitute to S. 249, Eighty-first Congress - Resolution adopted by Committee on Labor and Public Welfare.. Wagner, Hon. Robert F., a United States Senator from the State of Tobin, Hon. Maurice J., Secretary of Labor, insertions of: Bureau of Labor Statistics table, comparison of appropriations re- quested and appropriations received during the fiscal years 1945-49, Conciliation services of the more important industrialized countries 410 9 261 8 1 213 243 Letter of, to Senator Thomas, transmitting memoranda documenting 16 objections to provisions of Labor-Management Relations Act, 1947, referred to by Mr. Tobin on January 31, 1949. Memorandum submitted by, strike trends, selected periods - 49 299 Report of Department of Labor, State and Territorial authorities for 352 LABOR RELATIONS MONDAY, JANUARY 31, 1949 UNITED STATES SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE, Washington, D. C. The committee met, pursuant to call, at 10 a. m., in room 210, Senate Office Building, Senator Elbert D. Thomas, chairman, presiding. Present: Senators Thomas (chairman), Murray, Pepper, Neely, Humphrey, Taft, Aiken, Smith of New Jersey, and Morse. Also present: Senator Edward J. Thye. The CHAIRMAN. Will the committee please be in order? It is now after 10 o'clock. These hearings have been scheduled by the Committee on Labor and Public Welfare to consider the problem of labor relations and legislation pertaining thereto. The basic subject matter of these hearings will be Senate bill 249, introduced by me. This bill is designed to diminish the causes of labor disputes burdening or obstructing interstate and foreign commerce, and for other purposes. (S. 249 is as follows:) [S. 249, 81st Cong., 1st sess.] A BILL To diminish the causes of labor disputes burdening or obstructing interstate and foreign commerce, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 and titles II, III, IV, and V of Public Law 101, Eightieth Congress (Labor-Management Relations Act, 1947), are hereby repealed. SEC. 2. The National Labor Relations Act as amended by the Labor-Management Relations Act, 1947, is hereby further amended to read as follows: "FINDINGS AND POLICY "SECTION 1. The denial by employers of the right of employees to organize and the refusal by employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce. "The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries. 1 "Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees. "It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. "DEFINITIONS "SEC. 2. When used in this Act "(1) The term 'person' includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. "(2) The term 'employer' includes any person acting in the interest of an employer, directly or indirectly, but shall not include the United States, or any State or political subdivision thereof, or any person subject to the Railway Labor Act, as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) The term 'employee' shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse. "(4) The term 'representatives' includes any individual or labor organization. “(5) The term labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. "(6) The term 'commerce' means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State. Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country. "(7) The term 'affecting commerce' means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce. "(8) The term 'unfair labor practice' means any unfair labor practice listed in section 8. "(9) The term 'labor dispute' includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of emplover and employee. "(10) The term 'National Labor Relations Board' means the National Labor Relations Board created by section 3 of this Act. "(11) The term 'old Board' means the National Labor Relations Board established by Executive Order Numbered 6763 of the President on June 29, 1934, pursuant to Public Resolution Numbered 44, approved June 19, 1934 (48 Stat. 1183), and reestablished and continued by Executive Order Numbered 7074 of the President of June 15, 1935, pursuant to Title I of the National Industrial Recovery Act (48 Stat. 195) as amended and continued by Senate Joint Resolution 133 approved June 14, 1935. |