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4.389 2:5
EQUAL EMPLOYMENT OPPORTUNITY

PROCEDURES

91-1

HEARINGS

BEFORE THE

SUBCOMMITTEE ON
ADMINISTRATIVE PRACTICE AND PROCEDURE

1970

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-FIRST CONGRESS

FIRST SESSION

PURSUANT TO

S. Res. 39

ON
THE PRACTICES AND PROCEDURES INVOLVED IN THE
IMPLEMENTATION OF EXECUTIVE ORDER 11246 AND
RELATED LAWS, REGULATIONS, AND CONSTITUTIONAL
PROVISIONS CONCERNING EQUAL EMPLOYMENT OP-
PORTUNITY IN FEDERAL AND FEDERALLY ASSISTED

CONTRACTS

MARCH 27 AND 28, 1969

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1969

31-987

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

EVERETT MCKINLEY DIRKSEN, Illinois SAM J. ERVIN, JR., North Carolina

ROMAN L. HRUSKA, Nebraska THOMAS J. DODD, Connecticut

HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland JOSEPH D. TYDINGS, Maryland ROBERT C. BYRD, West Virginia

SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE

EDWARD M. KENNEDY, Massachusetts, Chairman PHILIP A. HART, Michigan

EVERETT MCKINLEY DIRKSEN, Illinois BIRCH BAYH, Indiana

STROM THURMOND, South Carolina QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland

JAMES F. FLUG, Chief Counsel
BERNARD J. WATERS, Minority Counsel

(II)

CONTENTS

Page

5

39

102

STATEMENTS OF WITNESSES

Alexander, Clifford L., Jr., Chairman, Equal Employment Opportunity

Commission, accompanied by Dan Steiner, General Counsel, EEOČ,

and Vincent Cohen, Deputy Director of Research, EEOC-

Biermann, Leonard J., Office of Federal Contract Compliance, Depart-

ment of Labor..

Mondale, Hon. Walter F., U.S. Senator from Minnesota-
Moskowitz, Jack, Deputy Assistant Secretary of Defense for Civil Rights

and Industrial Relations, Department of Defense-----
Packard, Hon. David, Deputy Secretary of Defense, accompanied by

Roger Kelley, Assistant Secretary of Defense for Manpower and Re-

search, and Lt. Gen. Earl C. Hedlund, Director, Defense Supply Agency-

Shultz, Hon. George P., Secretary of Labor.--

Sylvester, Edward C., Jr., former Director, Office of Federal Contract, Com-

pliance, Department of Labor.-

Volpe, Hon. John A., Secretary of Transportation, accompanied by R.

Tenney Johnson, Acting General Counsel, and Richard Lally, Director,
Equal Opportunity, Department of Transportation.-

47

134

222

158

HEARING DAYS

March 27, 1969-

March 28, 1969.

1

126

2

28

42

44

45

EXHIBITS

Senate Resolution 39...

Questionnaire directed to members and officials of Federal departments

and agencies, and to agency practitioners, by Subcommittee on Ad-

ministrative Practice and Procedure..
Regulations 60-1.20 and 60-1.40 of the Office of Federal Contract Com-

pliance, Department of Labor, effective July 1, 1968---
Letter from Deputy Secretary of Defense Packard to Secretary of Labor

Schultz, concerning DoD compliance efforts with three southern textile
mills. February 13, 1969-.
Memorandum from Secretary of Labor Shultz to Deputy Secretary of

Defense Packard. February 12, 1969..
Memorandum from Deputy Secretary of Defense Packard to Secretary of

Labor Shultz. February 8, 1969--
Statement by the Department of Labor on textile company question-

naire, Wednesday, March 5, 1969.-

Letter from William H. Rhenquist, Assistant Attorney General, Office of

Legal Counsel to Secretary of Labor Shultz concerning interpretation

of Executive Order 11246. February 24, 1969.-

United States of America by Ramsey Clark, Attorney General, v. Local 189,

United Papermakers and Paperworkers, AFL-CIO, CLC; United Paper-

makers and Paperworkers, AFL-CIO, CLC; and Crown Zellerbach Cor-

poration: U.S. District Court, Eastern District of Louisiana, New

Orleans Division

Opinion of the Attorney General of the United States on the validity of

executive order prohibiting Government contractors from discriminat-

ing in employment practices on grounds of race, color, religion, or

national origin. September 26, 1961.--.

55

Letter from M. R. Shafer, Chief, Office of Contracts Compliance, Defense

Supply Agency to Mr. M. A. Cross, Vice President, Dan River Mills,
Inc., concerning DOD findings of discrimination in that company. Sep- Page

tember 10, 1968...

106

Chronology of events in textile industry contract compliance program.. 113
News release from the office of Senator Walter F. Mondle, releasing text of

telegram sent to Secretary of Labor Shultz concerning DOD textile

contracts. February 26, 1969...

114

Letter from Senator Walter F. Mondale to Secretary of Labor Shultz, con-

cerning the Department of Labor's role in contract compliance decisions.

February 17, 1969..

115

Letter from Jack Moskowitz, Deputy Assistant Secretary for Civil Rights

and Industrial Relations, Department of Defense to Senator Walter F.

Mondale concerning action taken in three southern textile companies

compliance cases; with enclosure. February 25, 1969

116

Letter from members of the Democratic Study Group, U.S. House of

Representatives to President Nixon. March 5, 1969.-

118

Letter from James Hamilton and Clarence M. Mitchell, Leadership Con-

ference on Civil Rights to Deputy Secretary Packard. March 5, 1969.- 119

Letter from Senator Walter F. Mondale to Deputy Secretary of Defense

Packard. February 11, 1969

120

Correspondence between Deputy Secretary of Defense Packard and

officers of Burlington Industries, Inc., Dan River Mills, Inc., and J. P.

Stevens & Co., Inc.---

130

Memorandum from General Counsel of the Department of Defense to

Col. Ray B. Furlong. February 5, 1969.

141

Memorandum from Barry J. Shillito, Procurement Chief, Department of

Defense to Deputy Secretary of Defense. February 3, 1969.

149

Memorandum from Lt. Gen. Earl C. Hedlund, Director, Defense Supply

Agency to Secretary of Defense. February 3, 1969..

151

Congressional Record excerpt on Senate Resolution 169—Resolution to

print a report entitled “Equal Employment Opportunity with Regard

to Federal-Aid Highway Projects” as a Senate Document. March 24,

1969. S. 3071...

171

Department of Transportation news release concerning discriminatory

practices in Federal-aid highway work. March 18, 1969..

173

Letter from Stephen J. Pollak, former Assistant Attorney General for

Civil Rights to Senator Edward M. Kennedy comparing

Federal High-

way Administration Orders 7-2 and 7-2(1). April 16, 1969.-

180

Letter from Senator Edward M. Kennedy to Secretary of Transportation

John Volpe, and questions. April 7, 1969.-

186

Letter from Secretary of Transportation John Volpe to Senator Edward M.

Kennedy, and responses to questions. June 30, 1969....

187

APPENDIX

Help Wanted . : : Or Is It? Summary and analysis of hearings held by

the U.S. Equal Employment Opportunity Commission in New York. 227

Black employment in three major textile firms...

245

Press accounts of hearings held by the U.S. Equal Employment Oppor-

tunity Commission, Los Angeles, Calif. March 1969..

250

Executive Orders Nos. 10925 and 11246.

260

Regulations issued by Office of Federal Contract Compliance, Department

of Labor on Obligations of Contractors and Subcontractors.

273

Participants at meeting between Office of Federal Contract Compliance,

Department of Defense, and Defense Supply Agency on Dan River

Mills. January 7, 1969.

283

Chapter Four. Jobs and Civil Rights. The Role of the Federal Government

in promoting Equal Opportunity in Employment and Training. Prepared

for the Civil Rights Commission..

311

Civil Rights Commission materials on Executive Order 11246.

314

Telegram and letter to Senator Edward M. Kennedy from Humphrey

Sullivan, administrative director, Plans for Progress. March 28, 1969.--

324

Statement of Congressman Wm. Jennings Bryan Dorn. April 3, 1969.--- 324

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THURSDAY, MARCH 27, 1969

U.S. SENATE,
SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND
PROCEDURE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 9:35 a.m., in room 2228, New Senate Office Building, Senator Edward M. Kennedy (chairman of the subcommittee) presiding.

Present: Senators Kennedy (presiding), Hart, Dirksen, and Thurmond.

Also present: Senator Edward P. Brooke.

James F. Flug, chief counsel; James A. Thomas, assistant counsel; Thomas M. Susman, assistant counsel; Silas J. Wasserstrom, assistant counsel; and Bernard J. Waters, minority counsel.

Senator KENNEDY. The subcommittee will come to order.

Since this is my first hearing as chairman of the Subcommittee on Administrative Practice and Procedure of the Senate Judiciary Committee, let me begin by placing in the record a copy of Senate Resolution 39, which sets forth the subcommittee's mandate.

(The copy of S. Res. 39 referred to by Senator Kennedy for incluşion in the record at this point follows:)

[S. Res. 39, 91st Cong., first sess.)

RESOLUTION

Resolved, That the Committee on the Judiciary, or any duly authorized subcommittee thereof, is authorized under sections 134(a) and 136 of the Legislative Reorganization Act of 1946, as amended, and in accordance with its jurisdictions specified by rule XXV of the Standing Rules of the Senate, to make a full and complete study and investigation of administrative practices and procedures within the departments and agencies of the United States in the exercise of their rulemaking, licensing, investigatory, law enforcement, and adjudicatory functions, including a study of the effectiveness of the Administrative Procedure Act and the study of the recommendations of the Administrative Conference of the United States, with a view to determining whether additional legislation is required to provide for the fair, impartial, and effective performance of such functions.

SEC. 2. For the purpose of this resolution the committee, from February 1, 1969, to January 31, 1970, inclusive, is authorized (1) to make such expenditures as it deems advisable; (2) to employ, upon a temporary basis, technical, clerical, and other assistants and consultants : Provided, That the minority is authorized to select one person for appointment, and the person so selected shall be appointed and his compensation shall be so fixed that his gross rate shall not be less by more than $2,400 than the highest gross rate paid to any other employee; and (3) with the prior consent of the heads of the departments or agencies concerned, and the Committee on Rules and Administration, to utilize the reimburs. able services, information, facilities, and personnel of any of the departments or agencies of the Government.

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