Dorsett, Gilbert G., a past president, Sheet Metal and Air-Conditioning Prepared statement with attachment.. Supplemental statement.. Healy, John E., II, Wilmington, Del., representing the Associated General Kromer, Leon B., Jr., executive vice president, Mechanical Contractors 50 76 49 Lindsay, William H., Jr., executive vice president, Mechanical Contractors Montgomery, John M., counsel, National Paint, Varnish & Lacquer Mutter, Lawrence P., executive director, National Association of Plumbing- Raftery, S. F., general president, Brotherhood of Painters, Decorators & Taylor, Harry P., executive director, General Building Contractors Asso- Communications to: ADDITIONAL INFORMATION Harris, Robert O., counsel, Senate Labor Subcommittee, of the Labor Casey, Frederick J., director, M. J. Flaherty Co., Mechanical Davis, John P., executive secretary, Metropolitan Detroit Plumb- Glanz, E. F., Glanz & Killian Co., Detroit, Mich., May 10, 1968- Ponseti, Anthony J., executive secretary, Mechanical Contractors Javits, Hon. Jacob K., a U.S. Senator from the State of New York, Hanna, Clarence C., executive vice president, Builders Association 113 Mintz, Alvin, president, Shaker Air Conditioning Co., Cleveland, 104 Morse, Hon. Wayne, a U.S. Senator from the State of Oregon, from 106 Communications to Continued Yarborough, Hon. Ralph, a U.S. Senator from the State of Texas, Adams, Robert D., president, Mechanical Contractors Associa- Allison, Robert E., American Sheet Metal Co., Dallas, Tex., Brown, Arthur H., president, Brown Sheet Metal & Mechanical, Crabb, Hugh T., Crabb Plumbing and Heating, Denver, Colo., Davidson, Richard Q., executive vice president, Quint-Cities Page 85 103 111 10 112 112 Davis, Ivy E., Houston Sheet Metal Contractors Association, Donovan, Robert W., Wm. J. Donovan Co., Philadelphia, Pa., Farbman, Leonard X., M. Farbman & Sons, Inc., New York, Fitzgerald, J. E., Jr., executive secretary, Illinois Association of Freedman, Ed, executive secretary, Northeast Louisiana Con tractors Association A.G.C., Inc., Monroe, La., April 8, 1968- Griffin, Jerry, executive secretary, SMACNA Puget Sound, Inc., Hardesty, George R., Jr., president, Associated Plumbing Contrac- Kopff, Milton W., president, Plumbing Contractors Association of Mancini, Brooks T., president, Resilent Floor Covering, Central 101 111 Riley, John J., director of labor, National Association of Home 104 100 95 Roach, J. Robert, executive secretary, Miami Valley Sheet Smith, W. Channing, executive manager, Indiana Association of Syers, Parke, executive secretary, Associated Plumbing & West, Roy J., executive vice president, Minnesota Association 90 90 85 112 888 Local No. 2 of the Operative Plasterers & Cement Masons International Association, etc., et al., appellants v. Paramount Plastering, Inc., et al., appellees, No. 17572, U.S. Court of Appeals, Ninth Circuit, November 7, 1962. Memorandums to: Senate Subcommittee on Labor from the Florida west coast chapter U.S. Senators, from the Sheet Metal & Air Conditioning Contractors National Constructors Association 1968 annual directory-. Page 60 97 113 26 TO ALLOW JOINT INDUSTRY PROMOTION FUNDS TUESDAY, MAY 21, 1968 U.S. SENATE, SUBCOMMITTEE ON LABOR, Washington, D.C. The subcommittee met at 9:30 a.m., pursuant to call, in room 4232, New Senate Office Building, Senator Ralph W. Yarborough (chairman of the subcommittee) presiding. Present: Senators Yarborough (presiding) and Fannin. Committee staff present: Robert O. Harris, counsel to the subcommittee; and Eugene Mittelman, minority counsel. Senator YARBOROUGH. The Subcommittee on Labor will come to order. We are holding hearings today on my proposal, S. 3149, a bill to amend the Labor-Management Relations Act in order to allow management and labor to bargain collectively over the establishment of jointly administered industry promotion funds and programs for joint committee or joint boards empowered to interpret and decide arbitration cases arising out of the provisions of collective bargaining agreements. Section 302 of the Labor-Management Relations Act, the portion being restrictions on payments to employee representatives, prohibits all payments by employers to employee representatives for purposes of this section unless they are specifically excepted in this section. The purposes of this section are to eliminate bribery, extortion, shakedowns, "sweetheart contracts," and other corrupt practices and to protect the interests of beneficiaries of lawful employer supported funds. Among the lawful funds are those established for medical or hospital care, pensions on retirement or death of employees, compensation for injuries or illness resulting from occupational accidents or insurance to provide any of the foregoing, or unemployment benefits or life insurance, disability and sickness insurance, or accident insurance, pooled vacations, holiday, severance or similar benefits, or apprenticeship or other training programs. Recent judicial decisions have declared that employer contributions to produce promotion programs administered jointly by trustees representing labor and management are outside the scope of exceptions to section 302. Product promotion programs are not unlawful. Collective bargaining on the subject of product promotion programs is not unlawful. But joint labor-management administration of such programs is unlawful because the courts have ruled that this is a restricted payment to employee representatives prohibited by section 302. This bill would add two more specific exceptions to section 302jointly administered product promotion programs and jointly administered committees for the interpretation of collective bargaining agreements thereby legalizing such jointly administered programs. At this point in the hearing record, without objection, the text of S. 3149 and departmental reports on the measures as are subsequently provided, will be inserted. (The material referred to follows:) |