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1947 CONGRESSIONAL RECO'RD-SENATE 4343 to the Committee on Appropriations, and By the SPEAKER: Memorial of the Legisla­ ence to endorsement of H. R. 1639; to the ordered to be printed. ture of the Territory of Hawa11 memorializing Committee on the Judiciary. 630. A letter from the Comptroller General the President and the Congress of the United 415. Also, petition of the board of trustees of the United States transmitting report on States to provide for the exploration, investi­ of the National Petroleum Association, peti­ the survey of the accounting system of the gation, development, and maintenance of the tioning consideration of their resolutions with Federal Public Housing .Authority for the fisl.ling resources and the development of the reference to taxation of cooperatives, tax­ years ended June 30, 1945, and June 30, 1946 high-seas fishing industry of the Territories ation of reclaimed oil, and taxation of lubri­ (H. Doc. No. 229); to the Committee on Ex­ and island possession of the United States cating oil; to the Committee on Ways and penditures in the E..'xecutive Departments, and in the tropical and subtropical Pacific Ocean Means. · ordered to be printed. and intervening seas; to the Committee on Merchant Marine and Fisheries. REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS PRIVATE BILLS AND RESOLUTIONS SENATE Under clause 2 of rule XIII, reports Under clause· 1 of rule XXII, private THURSDAY, MAY 1, 1947 of committees were delivered to the bills and resolutions were introduced and Clerk for printing and reference to the severally referred as follows:

TABLE !I.-Federal personnel outside contt­ TABLE III.-Consolidated table ot Federal TABLE IV.-Industrtal emplOyees of the Fed­ nental United States employed by execu­ personnel inside and outside continental eral Government inside and outside the tive agencies during March 1947, and com­ United States employed by the executive continental United States, employeti by parison with February 1947-Continued agencies during March 1947, and compari­ executive agencies during March 1947, anti son with February 1947-Contlnued comparison with February 1947-Con. Increase Increase Increase Departments or agencies Febru­ Marcp <+>or ary decrease Departments or agencies Febru­ March <+>or Departments or agencies Febru­ March (+)or (-) ary decrease ary decrease (-) (-) ----·------1------1------'---·1------·- JNDEPENDEN~ AGENCIES­ continued INDEPENDENT AGENCIES­ l'OSTWAJ!. AGENCIES continued Veterans' Administration __ 1,825 1,827 U; S. .A~omic Energy Federal Communicatiom CommlSSion ______COl +601 Commission ______Total, excluding War 1,388 1,370 -18 Federal Deposit Insurance 'NDEPENDEN1 AGENCIES and Navy Depart- Corporation ______56,028 56,486 { +652 1,187 I, Jill -/-4 ments •• ------194 Federal Power Commfs· National Housing Agency. 16 11 -5 i sion. ______------····- 783 776 -7 Panama CanaL ______2,625 2,492 -133 . Net increase, exor CommiSSion ______I, 195 I, 190 -5 ary decrease Smithsonian Institution .•• 510 512 +2 NEWSPRINT SUPPLY AND DISTRIBUTION­ (-) Tariff C(Jmmission ______~m 229 +5 INTERIM REPORT OF S'?ECIAL CCMMIT· ------11------Tax Oourt-of the United TEE TO STUDY PROBLEMS OF· AMERI­ States.-----_------121 121 ------EXECUTIVE DEPARTMENTS Tenne.s.

things that .they~ deem to be to their own t-he mise of a man.-who sits down with a in· that case the man signing the. con­ - interest and to the public interest. labor leader and - says, · "I- will employ tract is· made to give tip the right which Yet the pending measure .would deny nobody in-my plant, I will exclude mil­ the has to join a union. But in the case to management and labor the right to lions of people· ·who may want to work to which I refer, the two groups are write their own contract. Is not that an for · me,' unless you say I can employ merely permitted to get together to undue intervention into tlie afi'airs of them, unless they are members of your agree that all the workers in the given management and labor? There are union." Certainly it .is perfectly within plaht sh;tll belong to the union, that the many insta::.ices where management the range of public policy to say that that management wil1 recognize the union, would not give up the closed shop, be­ limitation on the right of contract, ·not and that everyone who works in the cause it has found ·it to be· to the best between the individual workingmen and plant must meet the condition which interests of the enterprise. Yet, the the employer, but between a man who they jointly have laid down, namely, Senate of the United States is asked by happens to be president of a labor union membership in the union. I submit that its committee to outlaw that kind of a and the employer. is against public poJicy. that is a valid distinction. provision in a contract between manage­ As a matter of fact, in the pending Mr. TAFT. Mr. President, will the ment and labor, however freely it may measure. we do not go that far. But I can. Senator further yield? have been entered into between repre­ see no legitimate argument, from the Mr. PEPPER. I yield. . sentatives of the two .groups. Senator's point of view, that this is in , Mr. TAFT. Let me call the Senator's · Mr. MAGNUSON and Mr. TAFT ad- any way an interference with the free attention to another limitation of con~ dressed the Chair. - right of contract. -tract, namely, the Wagner Act · itself. The PRESIDING OFFICER. Does . Mr. PEPPER. Mr. President. I should Can the Senator from Florida imagine the Senator from Florida yieid; and if like to try to answer that· argument of any, greater limitation on the right of so, to whom? · the Senator .from Ohio. The yellow-dog , contract than the Wagner Act, which Mr. PEPPER. I yield, first, to the contract was, generally speaking, a con­ says that an employee cannot deal with Senator from Washington. tract between one -prospective employee his employer -except through. someone Mr. MAGNUSON. Mr. President, I and ma·nagement, the heads of which whom he may not recognize as in any wish to ask the Senator from Florida represented all the stockholders, and way representing· -him? The Wagner whether_, sucq a provision does not in. were chosen by. the- stockholders, -and -Act says that employee A cannot enter itself ,have some features of illegalitY.? tbey represented the concerted power of into a contract with his employer B, but In effect,. that provision of the law would all the 'dollars which were .invested- in that"the employe'r must deal with some- : -say to you. and. to· me that .we cannot. the particular .enterprise.' - Ordinarily· one elected b3' a majority- of the em­ write. a. contract that is ·-legal· in itself, th~t was. _the ca_se, .and that one· man· was · - ployees, against whom employee A may thereby 'denying us our· fundamental required . to enter into a contract to the; have voted wh-en he had a chance to legal rights. · ·· effect that he .accepted as a conditien of ~ote J>n. the question ·of electing persons Mr. PEPPER. Mr. President, it seems employment·.in . that· enterprise the giv­ to represent him.· Can the Senator to me inescapable that tha.t ,is .the effeet i·ng \lP of what· I regard as an essential from Florida imagine any greater· limi­ ot the proposal to which I hav·e adverted civil right which he had as a citizen to tation on the right- of contract· than· an , I now yield to the Senator from -,Ohio. ·enter into contracts with other people, . act. which says that A, an employe'e,- a Mr. TAFT. 'Mr: President, I ·wish to :to enter. into relations Y.,itli other pe~ople, ­ f~ee 1\mer.ica:t).. .citizen,_cannot even go point out .that the Senator did. not ob-..: that might· be desirable to him. In sup­ to his;employer and make a contract with ject, ·however, to the fact. that the· law his employer about the terms of his em- port of my point I· cite the opinion of the . ployment? · · ··prohibited an employer and an employee Supreme Court in J. 1: Case. Co. v. Na­ from writing a·contract which precluded tio-nal Labor Relations Board <321 U. S. - Mr. PEPPER. Mr. President,. there, ' the employee from joining a 'union.- That 332>: ~gain, I urge that there is a distinction; certainly is · a limitation of contract. · and I remind the -senator from Ohio that The very purpose· of providing by statute Furthermore we do riot hesitate to limit for the collective agreement is to supersede before ...the ·Wagner Act was passed, ·an contracts _if what is contracted for is the terms of- separate agreements of em­ individual stockholder in a corporation against public policy. · ployees with term: which reflect the strength had no legal right to negotiate about · Mr. PEPPER. Mr. President, I con- ­ and bargaining power and serve the welfare corporate affairs with the employees of tend that it is not contrary to public of the groups. the company. The law. has already de­ policy to let the representatives of labor ter:mjned that . when the stockholders and the representatives of management I make a distinction, therefore, and acted witp respect to the employees. they write a contract governing· their · rela­ then I wish to make a second point; and had to act through their chosen repre­ tionships and governing employm'ent then I sh~ll yif:lld further to the Senator sentatives; . ·Ghey _could not act individ­ conditions in ·a given tndustry. I think from Ohio. I make a distinction be­ ually and in that way make a contract. the workers have a right to determine tween a case where the chosen represent­ . All that the Wagner Act was ~doing was ·the standards and conditions upon which atives of management si~ d(jwn with the putting the two on a basis of parity,. rec­ they will work'in an industry; and I think chosen representatives of labor and agree ognizing . that if $1,000;000 was speaking that management, as a' proprietor, like­ to general conditions governing the rela­ through the president of a corporation, if wise has a right to determine what the tionship of those two groups. and the an arrangement were not made so that conditions shall be; and when the two laying down. of conditions with respect the employees could likewise act cooper­ agree upon mutually satisfactory condi­ to other people not parties to the con­ atively and speak through their repre­ tions, I do not deem it to be in the in­ tract, and who, I insist, have no·inhereht sentatives, there would not be equality terest of public policy that the Con­ right to become a party to -the contract and fairness of bargaining between the gress declare what they·have done to be or· a member of that enterprise. I dis­ two groups. illegal. tinguish that case from the case set forth On this point the United States Su­ Mr. TAFT. Mr. President, will the by the Senator from Ohio, where man­ preme Court pointed out, National Labor Senator further yield? agement, representing all the dollars Relations Board v. Jones & Laughlin Mr. PEPPER. I yield.- invested in the enterprise, makes as a Steel Corp. <301 U. S. 331), that a single Mr. TAFT. I wish to point out that condition to the right of one man to employee generally was helpless in deal­ we have long since outlawed the so-called work in that enterprise his giving up of ing with the employer on whom the em­ yellow-dog contract, in which two men, a : civil right, which I believe he has, ployee was dependent for his daily wage perfectly willing to do so, sit down to­ namely, the right to associate himself for support. Union was essential to gether and make a contract for the em­ with other people in a labor union, or the give laborers opportunity to deal on an ~Ioyment of the prospective employee, right to do othe-r things he believes to be equality with their employer. and he contracts that he will not· join a for his best interests. _ So, Mr. President, I remind the able union. We said that was against public Therefore, Mr. President, I lay down · Senator from Ohio that long before the policy, so we outlawed it. We limited the the premise and the proposition that the _Wagner Act ever was passed, a stock­ freedo.m of contract in that case. two cases are not ·analogous, but that holder had absolutely no power or right So why should not we also limit the there is legitimate reason to strike down to enter into a contract about term~ of freedom of contract; if we wish to do so·, the case cited by the Senator-from Ohio employment with the workers in an en­ if we think that is the proper policy, ·in as being against public policy, because terprise in which he-was a stockholder. XCIII--276 4362 CONGRESSIONAL RECORD-SENATE That right was submerged into the man­ Of eollecttve bargain1ng, found a basis for should be glad to· have any ca11ed to my agement of the corporation, which had reconciling their dif[erences. · attention-which have adopted any con .. to be chosen in a representative way. Just as I am not trying tp change the stitutional amendment or enacted any So we did not do for the individual Railway Labor Act, I oppose the effort of legislation outlawing the closed shop. I worker anything which had not long be­ the Senator from Ohio and those who come from the South, where I regret to fore been done for the individual stock­ are associated with him, to outlaw those say, we have not yet gained as large an holder, except we tried. at long last to agreements which are already in effect, organized labor force as I hope we shall put the two groups on something like an and that principle which has had such have, where our attitude toward labor equal bargaining basis. wide recognition in industry, and which organizations is not always as sympa­ Mr. TAFT. Mr. President, will the I believe is meeting the test of experi- thetic and understanding as I wish it Senator further yield? ence and efficacy in our economy. . were. Mr. PEPPER. I yield. Mr. HAWKES. Mr. President, will the I readily admit that many of the Mr. TAFT. I do not think the two are Senator from Florida yield? Southern States have adopted constitu­ in any way analogous. But I wish to Mr. PEPPER. I yield to the Senator tional amendments outlawing the closed say to the Senator that I am not arguing from New Jersey. shop. But I am a little surprised to see against the principles of the Wagner Mr. HAWKES. The Senator from the effort now to outlaw it nationally Act; I am merely pointing out that in Florida is extremely well informed on come from Senators representing some of the discussion of labor relations we have labor laws and the Railway Labor Act, the great industrial States, which could limited the right of contract in the case and I wish to call to his attention an inci­ have outlawed the closed shop if they had of a particular contract which is against dent that came to my attention regard­ chosen to do so, but 1ave not. public policy. So, on the question of the ing the attitude of union leaders. As I have said, Mr. President, I do not closed shop, or the limitation of the right About 30 years ago, I was told by Mr. know of any of the large industrial States of the closed shop, we are not plowing Alexander Whitney himself, a large where difficult problems of management any new ground. group of railway employees met at con.: and labor are constantly dealt with, I wish to suggest to the Senator also vention in Cleveland and a resolution was where there has been a long record of that the Railway Labor Act has worked presented to the convention which in experience in this field, where either by very well, and it contained a prohibition simple terms provided that no one constitutional amendment or by legisla­ against the closed shop. That prohibi­ should be permitted to work on a railroad tion the closed shop has been outlawed. tion has been in effect for years in the unless he became a member of one of Nor has the Congress done so in the past. railroad industry, and the Senator has the railroad brotherhoods. The presi- We have left it up to the parties. never protested, so far as I know, against . dent of the organization was present, and I am aware, of course, that the present that provision of the Railway Labor Act. before -there was a charice for adoption law does not require any employer to Mr. PEPPER. No; I have not pro­ of the resolu ·~ion he stepped to the front enter into a closed -shop agreement. The tested against that, because, apparently, of the platform and said, "I ask the gen­ National Labor Relations Act at the the workers have been satisfied with the tleman who has made the motion to present time does not require any em­ law under which they operate. It has withdraw it, because i consider it inim­ ployer to enter into a closed-shop agree­ had a long history, and evidently it has ical to the best interests of the men ment with his workers. It is a matter of worked out all right. Nor has the Sena­ working on the railroads. The American free collective bargaining. Freedom of tor from Ohio offered any amendment people do not want the closed shop. They contract is allowed. Freedom of agree­ to any other provision of the Railway do not want anything forced on anyone. ment is permitted to management and Labor Act, so. far as I know. We have I ask that the motion be withdrawn, or in to labor. But if, in the exercise of their accepted that act as it was written, un­ the event of its. not being withdrawn, I discretion if, because they mutually less some initiative came to us from one ask for its defeat, because in my opinion agree that it is desirable and in the pub­ group or the other. I think the act is our great objective in · the railroad lic interest, they put such a provision in working satisfactorily. · brotherhoods should be to make our a contract, it is legal today, and it will But I also desire to remind again the unions so good, and make them deliver continue legal unless the pending bill able Senator that more than half the so much of value to the membership, that shall become the law of the land, in collective-bargaining agreements now in we will not have to force men to join, but which case it will be outlawed. effect, and there are millions of workers they will join because they want to be­ Mr. President, I protest against that covered by them, contain a p.rovision for come members and receive the benefits." kind of policy. I protest on the part of management, as well as on the part of the closed shop, and they are also work- I am merely repeating to the Senator ing all right. . labor, because management does not what Alexander Whitney, who is well have to enter into the contract unless it I should like to read a paragraph from known to him and to me, a man I have a bulletin of the Bureau of Labor Sta­ known for a number of years, told me chooses to do so. Mr. LUCAS. Mr. President, will the tistics called Union Security, ·published himself~ He is old enough to have been in September 1946: at the convention, and he recited what Senator from Florida yield? The first step toward "union security" may happened. The resolution providing that Mr. PEPPER. I yield to the Senator be said to have been accomplished when an .no one could work on a railroad unless from Illinois . employer voluntarily, or following National he belonged to one of the unions was · Mr. LUCAS. Was there any evidence Labor Relations Board certification, recog­ withdrawn. before the committee disciosing the posi­ nizes the union as sole or exclusive bargain- · tion of any part of management upon ing agent of the workers in the bargaining Mr. PEPPER. I thank the Senator the closed shop? unit of the plant. Following recognition, the from New Jersey. He always makes a Mr. PEPPER. There is a difference of employer and union, or their representatives, valuable contribution to a discussion. opinion. to enter into collective bargaining determine I realize that there is a difference of Mr. LUCAS. I understood that there the terms and conditions of employment, opinion about the matter of the closed including union security going beyond sim­ was a · difference of opinion upon the ple recognition. The position of the union shop. I want Senators also to know that question. is bas&d upon the simple proposition that all I come from a State where a constitu­ Mr. PEPPER. In some instances man­ workers who share the benefits of the col­ tional amendment has recently been agement opposes it very strongly, and in lective agreement should at the same time adopted outlawing the closed shop. I other instances management has the share the costs and obligations of the union. voted against it, and I declared publicly closed shQP; its experience has been com­ Membership 1n good standing in the union against it when it was up for considera­ pletely satisfactory, and it would not is regarded as the principal obligation. For tion. I am still against it. I think it is give it up today. the most part, management has opposed bad law, that it is undesirable public union security because it has feared that the Mr. LUCAS. I asked the question in control over the supply and quality of its policy. What rather surprises me about view of the statement made by the Sen­ labor force would thereby be placed in the · the distinguished Senator from Ohio, ·and ator-that, after all, it was a matter of hands of the union. However, the thousands some of the other Senators associated voluntary agreement between the two as CJf union agreements which contain union with him in sponsoring the pending legis­ to whether or not they would have a security provisions of one type or another lation, who come from the large indus­ closed shop. afford ample evidence of the fact that em­ trial States, is that I do not know of any Mr. PEPPER. I will say, Mr. Presi­ ployers and unions have, through the process of the large industrial State~and I . dent, as I sh.owed a while ago, that the 1947 . CONGRESSIONAL· RECORD-SENATE· 4363 proportion is about two-thirds to one­ .type outlined by the able Senator from If the Senator had in mind that tl1e third, but I am correct in saying that Florida that legislation is believed to be workers will use their economic pressure more than half the collective-bargaining necessary at this time. , upon the employer to get him to enter agreements in force have the closed Mr. PEPPER. I thank my distin­ into that kind of contract, I freely and shop as part of the contract. That fact guished friend from California, but I re­ frankly admit that it is true. But I had indicates that the employers must have spectfully submit that the Senator over­ a case here, when I spoke, day before found it agreeable. looks two factors. The first is, he said yesterday, from which I read the opinion Mr. LUCAS. They can either have the "The contract is laid before thr. employ­ by Mr. Chief Justice Taft. I read it to closed shop or they can deny the right er, regardless of whether any member my able friend from Ohio, so that he of the closed shop, depending upon col­ wishes to join the union or not," or might near it, and hear it again; be­ lective bargaining, and what the two something to that effect. I re<>pectfully cause I thought as fine a .statement was parties agree upon. submit that that case is not likely to oc­ laid down by President Taft, who was Mr. PEPPER. Exactly, and I maintain cur often, if it ever occurs, for th(:; reason t:':len Chief Justice of the United States, that is as it should be, and that we will that a collective-bargaining agreement as was ever made by any judge, in which have a greater degree of industrial peace . does not result unless ordinarily it is a he said labor organizations had the right, following that method than we will have case in which the union, or the em­ and workers had the right, to use the by disrupting the policy which has been ployees, through a free election super­ economic power that they have, the right in effect for more than a decade, ever vised by the National Labor Relations to quit work even, to better themselves since the National Labor Relations Act Board, have chosen a bargaining agent, in their relations with their employer. was enacted. I say that we will have and then, when they have chosen the ~o I am sure the Senator from Califor­ more work stoppages as a result of t'ry­ bargaining agent, the agent has sat down nia would not deny to workers the law­ ing to tear up those contracts and re­ with the employer and entered into ne­ ful use of their economic power, which make them under the restraints the bill gotiations leading toward an agreement. would include even the right to stop contemplates-and I shall refer to them So, as I see it, there is, as a premise, a work. I realize, as I said, that there is later-than if we leave the situation as union. The employees had a union, or a difference of opinion about the matter, it is at the present time, and profit by the they choose a collective-bar.gaining agent and I never h.ave intentionally quarreled experience we have already gained. if they did riot have a union, and then with anybody wh:> takes a contrary Mr. KNO"NL.C:.. NL. Mr. President, the agent entered into negotiations with opinion about anything. I ascribe, of will the Senator yield? the employer. course, to othec Senators and other citi­ -Mr. PEPPER. I yield. The second point is that not long ago zens the right to their views, and I know Mr. KNOWLAND. I think the' Sena­ the National La·bor Relations Board, in a they are· just as sincere in them as I hope tor has made a very able argument, in­ case coming up from Florida, the St. Pe­ they will credit me with being in respect sofar as those cases are concerned, in tersburg Times case, held that labor was to mine. I know this is a controversial which management and labor sit down under a duty to bargain in good faith subject, but I have never seen it exactly together. and formally negotiate such a with the employer. Although the pend­ the way many see it. I see it largely contract as the Senator has outlined. irig bill recites that. it is the duty of em­ this way: I s~e it from the point of view That is true collective bargaining. But ployees and employers to bargain with of the great number of workjng people I am sure· the Senator would not want each other in good faith, that is not nec­ in a given plant, or in the country as a to leave the impression that there have essary, and as I understand it. tt adds whole. Other Senators see it in terms of no· been situations of a far different nothing to the law as laid cown by the what they believe to be the just rights kind, in wl1ich, instead of there being National Labor Relations ~oard in that of an individual man or woman who true collective bargaining, there has been case. The case made it clear that the comes to a plant, wishes to get a job, and in effect "collective bludgeoning," in employees had to bargain in good faith, is told, "You cannot get a job, unless you which representatives of labor organi­ in a true collective-bargaining spirit, belong to a union." If Senators look at z. ,tions have gone to employers, when with the employer. ·Of course, the Board the matter from the viewpoint of the every single employee ha~ indicated that has in the past required the employer to greatest good for the greatest number, he c-- ~ not care to belong to a labor observe the same standard. I cannot which is a basic principle of democracy organization, and by a process of "col­ say, of course, what is the discharge of and certainly the faith of my party, then lective bludgeoning," to use that term that duty by employees or by eml.lloyer; I believe there will be achieved· the great­ again, have told the employer that un­ that is a matter of degree, but I think we est good for the greatest number by rec­ less he signs a closed-shop contract are coming to a recognition of the fact ognizing the right of the greater number there will be no future deliveries of ma­ that when any party to a dispute merely to organize themselves into a bargaining terials to his factory or his plant. That takes an adamant position, refuses to unit, to choose representatives, to have is certainly far from being collective bar­ hear argument or to consider merit, their representatives sit down with rep­ gaimng in the sense that the able Sena­ marches in and throws something down, resentatives of capital employed in the tor from Florida has outlined it here sits down in a chair and. freezes up, and particular enterprise, and work toward today. says, "Take it or leave it," that is not an agreement which will be mutually Mr. PEPPER. I thank the Senator. collective bargaining or. the part of satisfactory. In my opinion, such a Yes, of course; the case he puts is dif­ either management or employees. provision as the closed shop should be a ferent from the one I contemplated. But I am assuming, and I think I am permissible portion of such agreement. But is not the able Senator from Cali­ I see, as I said, what it means to the fornia thinl.:ing of the boycott case, in correct in assuming, that the law today which a group of employees other than is as I have stated it; and .~. am saying workers. I see better wages, and I see, employees in Jolved in negotiations with th~t more than half the collective-bar­ Mr. President, better working conditions. their employer, through the boycott, use gaining agreements now in effect evi­ I do not like to advert to it, but I plowed their economic pressure upon the em­ dently have included closed-shop or on a farm for 65 cents a day. I worked ploye:- to make him enter into a certain union-shop provisions, and I suppose in a steel mill 12 hours a day, 7 days a kind of contract with his employees? most of them have been renewed from week, and that was minor compared to Mr. KNOWLAND. There are a num­ time to time; management has found what many men in the darker days have ber of cases of that kind, but the end re­ them acceptable and satisfactory. If it had to do. I do not claim that mine was sult is the same. If, instead of negotiat­ has, then it has a right to enter into any especial hardship, but, as one looks ing in the true collective-bargaining them again, and should not be denied back to the dark economic days in this spirit, a union agent goes to th,e employer the right by the pen din€; bill. If it wishes and in every other industrial country in and lays a contract on his desk and says, to get rid of the collective-bargaining the world, he looks upon those periods ''Whether or not a single one of your agreement, it can do so when the con­ sometimes with shame, always with re­ employees is interested in joining the tract runs out. If it wishes tc get rid of gret that we did not earlier come to n union, you will sign this, or else," there the closed shop, it does not have to renew recognition that we shall all get along is not in that case collective bargaining a contract containing that provision, better if we give men and women bet­ in the sense that the able Senator from when the contract runs out; and that is, ter wages and better working conditions, Florida has in mind. It is because of in my opinion, the privilege which U and a fairer share of the income of an that type of -situation rather than the should have. enterprise. 4364 CONGRESSIONAL .RECORD-SENATE MAY 1 Mr. HAWKES. Mr. President, will Mr. HAWKES. I do not pretend that people, up to date as a g·eneral rule, the Senator yield? every view I may hold or every belief I have worked voluntarily because they Mr. PEPPER. I yield to the Senator may entertain is infallibly correct. All wanted to, because they were interested from New Jersey. of us, I believe, are trying to do a decent in their work. Their work has been Mr. HAWKES. I want to join the job in the .interest of humanity and the more than simply making a living: In Senator in the statement that any Amer­ workingman, who, after all is said and my company, we have had only one turn­ ican, or anyone else, engaged in business done, is the salt of the earth and the over in 28 years. More than 40 percent . today who is not interested in the welfare backbone of America. The workingman of the workers in my company have beep of the workers of the country is not fit of today under our great system, if he is with the company more than 30 years, to be at the head of an organization. thrifty and saving and persevering, can and that notwithstanding the fact that Mr. PEPPER. That is a characteristic become the capitalist of tomorrow. Mr. many were forced to leave our employ­ statement by the Senator from New Lincoln said that. and if it was true when ment by the war. That is a wonderful Jersey. he said it it is equally true today. But record. It can only mean one thing, Mr. HAWKES. The only difference I think the greatest thing we have to do, that the workers wanted to stay there, between the Senator's opinion and mine far greater than any law which may be and that is a spirit we must try to estab­ possibly is that I think the result can passed, is to try to reestablish respect lish all over the United States. be accomplished better by maintaining between worker and management, em­ I thank the Senator. freedom of the right to work. I want ployer and. employee, and to build it on Mr. PEPPER. I greatly thank the to tell thf! Senator something, if he a foundation of justice. The Senator's Senator from New Jersey for the very would like to have me do so. ideas and mine might differ as to what fine sentiments he has expressed. I will Mr. PEPPER. Gladly. . would constitute justice, but, in my opin­ say that if all the business executives of Mr. HAWKES. A few years ago-I ion, it should go just as far as it can go the country took the attitude he takes should say about 7 or 8 years ago-there and fit into the economic circle. In other toward management-labor relations., I do came to this country the president of words, there must be profits which are not think we would need any laws at all the Railway Clerks Union of England. paid upon ·capital. Capital, if it is hon­ on the statute books. That would be an If I · remember correctly, his name was est capital, is nothing in the world but ideal situation. It would create a situ­ Brown. His union had a membership of stored up labor. It is something, or ation like that existing in a partnership. 90,000, which is a union of considerable ought to be something, that came from When one enters into a partnership with size for England. He made a speech in work in the past. Some fairness must another. the partners are supposed to Philadelphia in which he said he was be found in the economic circle for capi­ deal honestly and fairly with each other. very strongly opposed to the closed shop tal, in order to make it come out for Generally no rules are laid down as to because, in his opinion, it destroyed the venture investment, unless there is to be how to negotiate and carry on affairs to­ rights of the individual members of the resort to Government ownership and gether. So long as the partners deal organization to better conditions and socialism. Enough must be found in the honestly and fairly with each other they improve the quality of leadership. He economic circle for labor, to stimulate have complete freedom of action .. said, "Unless the members of my union labor and make it feel it is being treated The Senator from New Jersey is abso­ have the power to resign without losing fairly and to make the individual work­ lutely correct in saying that what we their jobs, they cannot effectively pro­ ers believe they are adequately paid for need is to find a new basis of under­ test against my poor leadership." He their service. But, above everything standing of each other's point of view further said, "I believe the future wel­ else, respect must be established be­ and problems. Sometimes no doubt fare of the working people lies in having tween employer and employee. labor overlooks the responsibilities.which good, intelligent, law-abiding leader­ I have broken into the discussion management has, the sleepless nights of ship." · without having marshaled my thoughts, the man who has all his savings invested I am sure the Senator from Florida but I wish to leave an idea with the Sen­ in his enterprise. There is no doubt agrees with that statement. ator from Florida and the other Mem­ whatever that there are numerous cases Mr. PEPPER. I thoroughly subscribe bers of the Senate. I have talked with of workers who lack the sympathy they to it. thousands of laboring men. The thought should have for the employer. That is Mr. HAWKES. I wish to say another I wish to leave with the Senate is that one of the tragic frailties of human thing to the Senator from Florid-a, be­ after we get through with the pending nature. On the other hand, there are cause I agree with what he has just legislation, which must not be punitive ellfployers undoubtedly who do not show stated. We all have our own ideas. I in its purpose, which must not be based the concern for their workers they should have no feeling against. anyone who upon vindictiveness, hatred, or reprisal, exhibit. It was only a little while ago honestly differs with my viewpoint. Im­ but must te in the interest of the Ameri­ when it was customary-and I am afraid mediately after I was elected to the Sen­ can people as a whole--after we get I must say that there are a few who today ate, not more than 3 or 4 days thereafter, through with this legislation we, as embrace that view-to treat labor as a I received a letter signed by 18 union men American citizens, and all other decent commodity, to believe ·that the working in Paterson and Passaic, N. J., and this · Americans who have a just regard for power of men and women was something is what they said in their letter: humanity have got to try to reestablish to be sold like potatoes in the market DEAR SENATOR: We are glad you were the necessary element I am talking place for the highest price that could be elected. We all voted for you. about-a little brotherly love between obtained for it. It was not realized that We are 18 union members who belong . employer and employee. the man standing before the employer either to the A. F. of L. or the CIO. Mr. President, I have enjoyed the as­ applying for work had a wife and per­ The letter continued: sociation and the relationship with my working people more than anything I haps some children; that there might be J We waiit our right to organize. We want illness in his home; and that there were our right to bargain collectively. We w.ap.t have had in my life. I have always at­ tended their annual dinners at their re­ medical and other expenses which had our right to strike lawfully in order to show to be shouldered; that the children had our resistance against unfair treatment. quest, and as their guest, and I have al­ ways spoken to them and tried to speak to ba educated; that they had wants and What follows is the main point of their fairly, tried to help them to be better human desires; that they were not po­ letter, and I consider it to be a remark­ American citizens, and I am sure they tatoes, were not inanimate. They were able statement: have helped me to be a better one. But made in the image of God, Mr. President. But we do not want dictators in labor lead- I wanted to leave the thought with the They were the heart and soul of the . ership any more than we want dictators in Senator from Florida and the Members Nation, its strength in peace, its might the United States Government, and we are of the Senate at this time, that after we in war, and their total strength repre­ looking to you, my dear Senator, to help get all through with this legislation we sented the power of the Nation. To deal relieve us of that dictatorship. all must contribute to re-create volun­ with labor as if it were a commodity, to The Senator from Florida has a very tary cooperation, because in the last buy it for the lowest ·price for which it keen mind, and a very thorough under­ analysis the only difference between this can be obtained, is the old attitude, not standing of this subject, and I am always great country of ours and the countries the new one. That of course is not the interested in listening to him. which have fallen into the quagmires of attitude of the able Senator from New Mr. PEPPER. I thank the Senator. socialism and communism is that our Jersey. 1947 CONGRESSIONAL RECORD-:SENATE· 4365 I hope we can bring about profit-shar­ Mr. HAWKES. Mr. President, will the wage dividends during the past 15 years ing plans and bonuses so that some day in , Senator yiE'ld? with this company. Why should I go an enterprise the workers will obtain Mr. PEPPER. I yield. into a union anci try to upset the e:fDciency what I like to call a drawing account, Mr: HAWKES. The Senator probably of the plant which in feeding me?, such as a traveling salesman has, so knows all this, but many persons in the l I wanted to tell that story because to much to meet the demands of the day, United States do not know that a great me it is one of the most outstanding and then periodically the worker will deal of thought has been given to the things in all American industrial life. receive a share of the profits on a fair profit-sharing plan. In mapy cases it is It :groves that we can better our human basis of distribution, and certainly, Mr. called the wage .. dividend plan. I do not relationsh:rs voluntarily. But there are President, I hope that the worker will know whether the Senator realizes that some who wilJ not go along voluntarily. be protected by an annual wage contract. in 1938, when I was chairman of a com­ In a great organization in the United Suppose that a certain enterprise is mak­ mittee to study the question of a wage­ States I was defeater'l by only two votes ing a great deal of money. It has, let dividend · plan, even 'then 258 corpora­ in an effort to recommend that plan to us say, 100,000 employees. It has great tions in the United States had already all industry in the United States. I can­ resources and big surpluses. Suppose adopted and had in effect a wage-divi­ not say what the vote would. be today. times become a little bad. It may do as dend plan in an effort to bring about That was back in 1938. many other enterprises do. Do they cut more harmonious cooperation between We must do something to bring about down the dividends? Do they diminish employers and employees. a better understanding. The difference the surpluses? No. Too many of them The device of the corporation is not between the Senator and me is that he let off so many more workers. What very old. The first corporations came feels that the closed shop is not an im­ is to happen to the workers? into existence probably 75, 80, or 90 years proper limitation on the liberties of men. I am not charging that is a pattern in: ago. The tlld definition of a corporation I feel that it is. I feel that we can ac­ industry. I say that too many follow was that it is an indivisible, intangible complish the objective without destroy­ that practice. Day before yesterday I being, existing only in contemplation of ing the maximum right of freedom in the quoted from a report presented to the law, without heart and without soul. I individual. I hold that conviction very Senate by the Committee on Labor and do not agree that a corporation has no firmly. Public Welfare. In that report it was heart or soul. A corporation has a heart Mr. PEPPER. I thank the Senator. recited that for 23 years the American and soul to the extent that the manage­ Obviously, in a case in which the em­ Telephone & Telegraph Co. had main­ ment makes it possible. ployer deals fairly with the workers there tained an unbroken record of a $9 divi­ I feel strongly that we must bring more is less incentive for the employees to join dend. Those 23 years included the de­ human understanding into the corporate a union than in an opposite case. Due pression. I related an incident which method of operating than we have had to the fact that too few employers took was told to me by a responsible man. to in the past; but we cannot bring in any the position which the able Senator has the effect that in the days of the de­ more than we can put into the economic described, we have had a tightening of pression, when President Hoover was circle. The Senator knows that, and he labor organizations. Undoubtedly in trying to ~neet the problem of the ap­ is not trying to contend otherwise. I some cases today there are abuses. ·How­ proaching depression, trying to dimin­ know of one company-! shall not men­ ever, in every industry in which there is ish its severity, he called Mr. Gifford to tion its name, because it might be em­ complaint that there are abuses on the Washington and made him chairman of barrassing-which since 1912 has had in part of labor, I think it will be found a committee to try to find· some way to effect a wage-dividend plan under which, that there are 10 times more abuses on arrest the falling level of employment, when the. corporation made more than the part of management until the union io give people jobs, and keep them in enough to pay a certain percentage of is strong enough to defend the worker their jobs. After a while Mr. Gifford dividend on the capital invested-which against such abuses. T could name some went back home, resigning the chair­ was fair-and reasonable going wages in industries in which it is said that there manship which Mr. Hoover had entrust­ the community, after setting aside a cer­ are labor abuses. Management, by its ed to him, and let out more than 100.000 tain amount for surplus to keep the com­ own failure to observe the high standard employees of his own company. pany in good shape, it divided the rest of duty and fairness which the Senator Mr. Hoover was right. H~ was calling among all the employees, from the lowest from New Jersey has described, has upon industry to sacrifice, not only for paid to, the highest paid, on the basis of brought such a condition upon itself. If the humanitarian principle of giving the their past 5 years' compensation as the power of the union were taken away, workingmen and their families a chance related to each other. that kind of management: in too many It may be interesting to the Senator to to live, but to keep America from being cases, would go b~ck to the old condi­ hurled into the abysmal pit of a depres­ know that· the employees of that corpo­ tions. But if there were some way to sion, which iii many casef wrecked busi­ ration have never been organized. There bring about the kind of management de­ ness as well as people. If the - story is not even a company union or an inde­ scribed by the Senator, it would be a which I have related is correct-and the pendent union The employees elect a happy day for industrial relations in committee report bears out the essential workingmen's committee every year, and America. part of lt-Mr. Gifford thought more of its membership differs nearly every year. Mr. HAWKES. Mr. President, will maintaining the $9 dividends than he did The committee takes up with the com­ the Senator yield further? of keeping more workers on the payrolls pany grievances and things which they and cutting the dividends to some other think should be adjusted. But there has Mr. PEPPER. I yield to the Senator figure. never been a labor union among the em­ from New Jersey. We have enacted minimum wage laws. ployees. All the national labor unions Mr. HAWKES. I will say to the Sen­ Many employers in my State did not have tried to organize them and have ator something which I have said re­ want to pay a fair minimum wage to failed. Why? The best labor organizer peatedly throughout the Nation, and in their workers. Some of them fought me in the United States might say to the which I believe, -that humanity is pretty bitterly in 1938 when I advocated the 28,000 employees working in the plant much the same whether it be in the ranks :minimum wage law. I was not trying to that the union would do great things for of labor or in the ranks of capital. If hurt business. I was merely trying to them if they would only join it. Their we could take a slice out of the center . help fix a floor below which wages should response would be that of any normal of labor and capital we would find that not faU. I thought that in the long run man. They would say, "Why should we each has about the same amount of self­ that. would be for the best interests of join a union?" The union organizer ishness. Of course, there are a thousand business as well as the workers. Today I might say, "We will g.et you more money." times as many persons in the ranks of do not know of an employer who opposed The employees would say, ''We do not labor as there are in the ranks of capital. that legislation in 1938 who would ask want more money. We have a fair deal." I shall not take up more of the time of that it be repealed at· the present time. The organizer might say, "We will get the Senator, but I know he will agree with Employers have seen the wisdom of the you vacations witb pay." The reply me that the business of the Nation can­ principle which the Senator from New would be, "We have them already." not be run with the heart alone, nor can Jersey has been discussing, the wisdom One of the employees might say to the it be run, in my opinion, with the brain of management and labor working to­ organi~er, "Do you see that lit-tle white alone. The brain is too cold· and the gether, each dealing fairly with the other. house on the hill? I paid for it with my heart is too warm. If we try to run 4366 CONGRESSIONAL RECORD-SENATE MAY 1 all the business of the Nation with think we must never forget that union of a State, every United States Senator, the brain alone it would be so cold that officials are elected by the workers and every Representative in Congress, every it would not function successfully; and that they have constitutions and bylaws. public ofiicial in America? Why do we if we should try to run it with the heart Personally, except in an honorary capac­ · lay down one standard or criterion of alone business would go into bankruptcy. ity, I never belonged to a union. From democracy for the workers in electing So my philosophy is that somewhere be­ personal experience I do not know, but their officials and another standard of tween the heart and the brain-maybe I think the men and women who belong democracy applicable to the members of just under the chin-there is a place to unions appreciate democracy as much churches, lodges, fraternal organizations, where the two things must meet in han­ as does anyone else. I think they resent and societies in electing their officials? dling the human equation. But we must tyranny, pressure, and coercion as much Why do we do that, Mr. President? If always use some of the heart and some as does the ordinary citizen who is not a the worker does not want to vote, if this of the brain in operating the industries member of·a union. I doubt that union bill were to become law we would reward, of America. workers in this country like to be "pushed counting his vote in the election, the fel­ Mr. PEPPER. I thank the Senator. around" any more than do people who low who stays at home. Is that encour­ We all have to admit that it is human are not·members of a union. But I sus­ aging good citizenship? Does it encour­ experience that, if one man has power pect that democracy in the unions of age good citizenship for Congress to step and deals with another man who has no America is just as vital, real, and effec­ in and reward the man who stays away power, most of the time the man who tive as is democracy in the ordinary po­ from· the union meeting or who refuses has power will get the better of the bar­ litical election in this country. Some­ to participate in the union election, or gain. When there is comparable power one says that a little group gets together for Congress to prescribe the standards on each side we are likely to get the kind and runs the union. That may be so. that must be observed and to lay down of bargaining and the sort of agreement But in many lodges, churches, and fra­ one standard for union members and an­ which represent a fair meeting of the ternal orders a little group gets together other standard for everyone else in the minds of the parties. and runs the organization, because the United States who belongs to a church or The purpose of organization of work­ membership allows them to do it. A great a lodge or a society or an organization of ers is that in dealing with the employees amount of the legislation which is passed any kind, and also for every public omce the worker may have a power compara­ - in the Senate is passed by unanimous holder elected in the entire structure of ble to that of the employer in dealing consent. The Chair says, "Without ob­ the Government of the United States? with the employees. But assuming that jection, the bill is agreed to." We do Mr. HAWKES. Mr. President, will the wo1·ker has power equal to that of the not even vote in such a case. The im­ the Senator yield to me for a moment? · employer-and I dispute the statemept portant thing is that we have the right Mr. PEPPER. l yield. that he now has equal power-it does not to vote; we have the right to object and Mr. HAWKES. I am sure the Senator mean that either party should abuse the say, "You cannot pass bills in that way from Florida believes there is a differ­ power which each possesses. · When we if we .do not agree to it." That is the ence between the way voting is done in hear people say. that the workers abrupt­ important thing. As a matter of fact, I labor unions and the way voting is done ly, arbitrarily, and capriciously strike, I s.uspect we would admit that a little in Congressional and Presidential elec­ wonder if we realize which is hurt the group of Senators runs the Senate. But tions in the United States. In other more-the striking worker or the com­ if we object, we have the right to vote words, the voting in Congressionaf and pany against which he strikes. It means ag~inst it, or we can follow them if we Presidential· elections is unquestionably loss of wages to the worker; it affects think theirs is wise leadership. done on the basis ·of the secret ballot,· his weekly pay check, the house rent, the In the politics of this country I have whereas the voting in labor· unions has grocery bill, the mother with children. heard-of course, it may be erroneous­ not always been secret, and threats have It involves ability to pay the doctor; it that in some of the parties and in some been made en the-- basis of knowledge as involves the right of the family to live. of the cities, towns, and States a little to how certain members of unions have All those things are dependent upon a group of persons get together and run voted in elections of the union leaders. man's work. On the contrary, the cor­ politics. I suspect that has happened. In short, the voting in unions has not poration by which he is employed can The important thing is that every now always been secret, and the union mem­ lose profits for a while, or can even sus­ and then the people become stirred up bers who participated in -such elections tain losses for a period. But which can about it and object to being "pushed did not always vote with the safety which stand it the longest time-General around" by a minority. They rebel; they I believe the American people have when Motors Corp., United States s ·teel Corp., use their power to vote to change the they vote to elect Members of the Senate or the men and women who work for administration whenever they choose to or the House of Representatives, for in­ those corporations? do so. But, Mr. President, there are stance. Another common fallacy, Mr. Presi­ many places in this country where few Mr. PEPPER. Mr. President, I am dent, is the belief that when a strike has people have a great deal of influence; not prepared to assert that the American been settled the workers are paid for the and that is not confined only to labor people feel the same solem·nity when they time they were off from work. They are unions. So we cannot single out labor elect labor union leaders that they do not. It may be years before the increase unions and, because every member does when they elect their public officials. which they receive as a result of the not vote at elections, blame them when But so far as I know, under the National strike will make up for the wages lost every citizen does not vote in every elec­ Labor Relations Act a secret ballot is during the time they were not at work. tion. I wish they did. They undoubt­ provided for, and the integrity of the I have previously mentioned on the edly should. We hope they will. But in elections is assured by the Board. The floor my discovery in Detroit last year, many elections in this country the de­ Board conducts the election, as a matter when the General Motors strike was in cision is made by a minority of the total of fact; and the Board is a public body. effect, when I obtained information from number of voters. But we do not declare So I do not know of any lesser degree of a doctor regarding the number of va­ that to be illegal. integrity relative to voting in unions, as cant beds in the hospitals in Detroit. · Yet under this bill, when there is a compared to voting for public officials. The workers when they were not work­ union.shop, the decision is not permitted So far as the worker is directly affect­ ing could not pay for hospital treatment to be made by a majority of those who ed, the votes he casts as a member of a for themselves or for their families. vote in the election and who are elected union may affect his wages more direct­ They could pay such expenses out of by a majority vote. They are not elected ly, for his wages may be affected more their weekly pay checks when they were by a majority of all the eligible electors. directly by obtaining a good group of at work. It literally means that the The committee recommends to the Sen­ union officials than by electing a good health of the family is involved. ate that, by this bill, we should require United States Senator or a good State Mr. President, I maintain that even the.election to be decided by a majority attorney general or a good judge of a now workers do not have a position of of all eligible to vote. Why do we lay circuit court. economic strength comparable to the down one standard of democracy under Mr. HAWKES. I must agree with the power of the employer. which to elect leaders of a labor union Senator from Florida that that could The able Senator from New Jersey [Mr. and another standard of democracy be the case if the union members got a HAWKES] raised the question regarding under which to elect the President of the good set of union officials; I would have union leadership and union officials. I United States of America, the governor to agr~e definitely as to that. 1947 -·· CONGRESSIONAL RECORD-SENATE 4367 But let me ·say to the Senator from pality, it is not perfect in the county, I remember that in 1938 1 was in Lon­ Florida that it seems to me that at the it is not perfect in the State, it is not don speaking to one of the British Cabi­ moment the workers are worried about perfect in the Nation. There have. been net members. He told me of the long the question of the closed shop and the instances in which men have been ·fired period during which the labor union way in which union elections are con­ from their political jobs because they told movement had been vital in Great Brit­ ducted. Anyone who believes that the the truth or tried to tell the truth. ain, and he pointed out that there .was feeling against the closed shop is con­ There have been instances in which men only one strike in progress in all of Great fined to those who are outside the ranks -have had contracts taken away from Britain on the issue of recognition of a of the working class is greatly mistaken, them by businessmen, simply because union. I can assure the Senator. A gentleman they tried to do the right and because Mr. President, they have out of the of whom I know recently spoke to 1,281 they advocated what they believed in. long history they have had in the labor­ workers, most of whom belonged to a I say that because there may have been union movement been able to develop a certain union. He spoke of the closed a case-and undoubtedly there are such maturity, a competence, and a wisdom in shop and the question of the workers be­ cases-in which men or women were the labor leadership which today has ing able to resign or not being able to ejected from a· union, perhaps unfairly, made the labor-union movement of resign from the union. After he spoke it is not proper for the Congress of the Great Britain the bulwark of her labor on that subject, the entire 1,281 workers United States to lay down rules govern­ government. rose to their feet and cheered and whis­ ing every election in :1 labor union and Our labor movement mushroomed in tled for a full minute. governing the conditions of every ejec­ the United States during the war from So, Mr. President, the resistance to the tion from a union or admission to a four or five million to twelve or fourteen closed shop and the destruction of indi­ union or regulating, as an ap:.,Jellate body, million. There may have been some men vidual freedom in connection with the the minute details in regaru to every­ chosen in that mushroom period who right to work is not confined to Senators thing that happens in a labor organiza­ were not worthy of the offices to which or industrial leaders or the so-called peo­ tion, any more than the Congress should they were elected. I will trust the mem­ ple in the upper brackets. I am sure that do sC'· in the case of a lodge or a church bers of those organizations to elect bet­ the Senator from Florida knows that to or any other kind of organization or so­ ter officers, if that is true. be so. He must know it. ciety in the United States: The fact I say, Mr. President, that what we need He is trying to find some way whereby that some mayor or some city council­ today is to strengthen the labor-union the rights which have been intended to man succeeds in having an employee movement, to better it, to make the labor be preserved by means of the closed shop fired fer bein5 honest and not helping union a wiser and abler spokesman for can be preserved in some way that is him to steal-such things occasionally the worker. But what is being sought American, I take it; and that is what I happen-d0~s not mean that the Con­ here today? The effort is to strangle am trying to find. ~ress should become an appellate body But surely the Senator from Florida to review every decision that is made by it, to weaken it, to turn the clock back­ does not support the action of the union every political executive or administrator ward. The attempt is to create distrust which fired one of its members who testi­ in the political structure of the United anq suspicion and disharmony in the fied to the truth when he was subpenaed States. We have to deal on the basis ranks of the organizations. Those who as a witness in a court case. I refer to e-f what is best for the greatest number, advocate the pending legislation are try­ the union member who saw a union shop Mr. President. We have to deal with the ing to weaken the labor-union move­ steward strike a foreman while in the balance of interest, with what is the best ment, and thereby impair the standards plant; and later, when the case was pre­ P'Jlicy, taking into consideration both of living of the workers who o.re affiliated sented in court, the employee was sub­ sides of the case. with the unions and ultimately to wreck penaed to testify to what he saw. He I am saying that, if we do not have our economy based on high-living stand­ testified that he did see the union shop strong organizations to represent the ards. steward strike the foreman of the plant. workers, the workers will general1y be Mr. President, tn view of the fact that Thereafter, that employee was dis­ exploited by their employers, their wages the Senator from New Jersey [Mr. charged from the union-simply because will be reduced, their living standards HAWKES] in our recent discussion re­ he had testified to the truth; and, in view will ~e lessened, their purchasing power ferred to some statement made some of the existence of a closed shop, a dis­ will be diminished, and not only will they time ago by Mr. A. F. Whitney relative to charge from the union meant that it suffer, and not only will their children certain aspects of labor legislation, I ask would be impossible for that man to ob­ and their communities and the organi­ unanimous consent to incorporate in the tain any job in that plant. He was fired zations with · which tht:.y are affiliated RECORD at Lhe end of my remarks four from the union and lost his job. suffer, but the entire Nation will suffer. amendments offered to the pending labor Mr. President, the case to which I have So, Mr. President. if we impair the legislation by Mr. A. F. Whitney, presi­ just referred has been stated in the rec­ strength of a workers' organization, we dent of the Brotherhood of Railway ord of the committee hearings; and I do a disservice to the United States and Trainmen, the last of which reads: know of similar cases. The one I have to every man, woman, and child in it, And provided further, That nothing in ·this mentioned happens to be the one which regardlP.ss of whatever economic seg­ act or fn any other statute of the United is set forth in the record which is now on ment he may fall into. States shall preclude a carrier, 1-ts officers, or the desks of Senators. A while ago the Senator from New agents from making an agreement with a But I am sure the Senator from Flor­ Jersey was referring to the corporation labor organization (not established. main­ ida does not believe that anyone should as being a relatively new concept in the tained, or dominated by the carrier, its offi­ cers, or agents) · to require membership have the power to deprive a man of the United States. Just consider, Mr. Presi­ therein as a condition of . employment, if right to work, simply because he told the dent, how new the labor movement in such labor organization is the duly desig­ truth when he was subpenaed as-a wit­ this country· is in its magnitude. If not nated and authorized representative of the ness in a case in court. all the leaders are perfect, if not all of employees at the time the agreement 1s Mr. PEPPER. Mr. President, the case them are possessed of the skill which made. the Senator from New Jersey has men­ tl;ley should have, yet, Mr. President, it tioned is, of course, .a hard case. I re­ may also be said that perhaps some of I respectfully suggest that Mr. Whit­ mind him that it is an accepted axiom in us are not perfect, and hat perhaps it ney must have changed his mind on the the law that hard cases make bad law. would have been possible to improve a subject sind~ the conversation to which The case referred to by the Senator from little on some of the men who have been the Senator from New Jersey referred. New Jersey has often been mentioned in elected to public omce in the United The PRESIDENT pro tempore. Is the debates on the measure now before States-of course, not in the case of the there objection to the request of the Sen­ us and in the committee. Evidently. in Senate, but perhaps elsewhere in the ator from Florida? The Chair hears that case a worker testified to what hap­ United States. none, and it is so ordered. pened in connection with a certain in­ But, Mr. President, W£ are trying to cident. Well, Mr. President, democracy learn and to do the best we can, and, Mr. PEPPER. Mr. President, I was is not perfect. It is not perfect in a by and large, the labor leaders are in the discussing the committee report, which labor union, it is not·perfect in a munici- same category. referred to the abolition of the closed 4368 CONGRESSIONAL RECORD-SENATE MAY 1 shop. I wish to say just one word fur­ . let the· employer and the employee put· every time the management of a corpora­ ther respecting the ·matter of the closed provision for it' into a contract, even if tion enters into a contract with its work­ shop. . they wish to do so, even if they have ers. While we require that the workers I have already distinguished the case been doing it in the past. Moreover, it vote individually upon the contract that put by the Senator from Ohio, holding permits the union shop only upon the their representatives enter into with that abolishing the closed shop was jus­ condition that a majority of all the eligi­ management, we do not require the stock­ tifiable as a public policy, just as outlaw­ ble workers vote for it, not a majority holders of the corporation to vote indi­ ing the "yellow-dog contract" was jus­ of the workers who participate in the vidually upon the contract entered by tifiable as public policy. · I pointed out election, which is the way we · elect the management with labor. There, again, that in the one case we were dealing with public officials of this country, and the Mr. President, is a discrimination against two groups which were bargaining freely way we elect the leaders of every private the worker in this proposal. each with the other. whereas in the other organization of which I have knowledge. But today the workers eleet their offi­ case there was organization on one side So I say, Mr. Presicent, that there, cials. · They go to bargain with man­ dealing with the individual on the other, again, the purpose of the bill is shown, agement. Management is the represent­ and making him give up the right of a to strike down right after right, power ative of capital employed in the enter­ citizen to affiliate with an organization · after power, and privilege after privilege prise. The two make a contract, and it if he chose to do so. of the workers of the country; and yet is binding, because they have authority; Mr. President, I said that the closed the employer is touched hardly with the they are the duly authorized agents ()f shop was a balance of interest, the in­ lightness of a feather. If it takes any labor and of management. Could any­ terest of the workers collectively in bet­ right away from him, I do not know what thing be fairer than that? But now, Mr. tering their wages and working condi­ it is. If it imposes any new duty, I have President, if this bill should become law, tions, as against the right of an individ­ not heard of it. labor may choose their bargaining agent, ual to come up to the gate without identi­ This ought to be called, Mr. Presi­ if they enter into a contract for a union fying himself with the organization in dent, the pending bill against the work­ shop with the employer, but it ts not any way, and saying, "I want a job." ers of America. Then we would be can­ binding until they have a second elec­ Mr. Presid~nt, I have· always thought did about it. Or one might prefer to say, tion; the first one being to choose the that the closed shop was a proper rela­ legislation against the labor unions of bargaining agent-another election, at tionship between the parties primarily the country, because, Mr. President, the which a majority of those who vote for concerned, the people working in a plant. constriction which it applies is all on one the matter shall determine it? No; a I do not know of any inherent right a side. It may be said that is necessary, ma'jority of all those eligible must vote. worker has to get a job in a particular because all that has been done in the So I say it makes it more difficult for the plant. He may or he may not get such past was on the other side. There may representatives of labor to act for labor. employment. But the thing that is com­ have been, and there have-been, certain The leadership of labor is weakened. monly overlooked, it seems to me, is that preferences given to workers as against There is a premium put on the fellow the- closed shop· fundamentally repre­ employers, but I do not believe, Mr. that stays at home and who will not par-· sents the decision of the worker ~s to President, that the present situation is ticipate in the election. So I respect­ the people with whom he will work. That so one-sided as to justify the Senate in fully submit, Mr. President, that in para-: simply means that a group of workers passing legislation that is one-sided, on graph 2 of the committee report there is may say, "We feel it so essential to our the other side. And that is what I hum:. another instance of the one-sided char­ welfare as workers that we work to­ bly submit this bill does, and what I acter of this legislation. gether, that we bargain together with was trying to do. was to prove that thesis Mr. McMAHON. Mr. President, will · the employer, that we make common by the committee's own report. I started the Senator yield at that point? cause in our relations with the employer, off by referring to the amendment that Mr. PEPPER. I yield. . that we will not work with people who it makes to the National Labor Relations Mr. McMAHON. Much has been said will not cooperate with us in that way." Act-the Wagner Act, the charter of the about Communist infiltration in the labor All they do is to say to the employer, worker in America. It bears the name· movement, and undoubtedly in a few "If you will not give us the privilege of of that great man, ROBERT WAGNER, who cases there has been considerable Com­ requiring a man who comes here and gets still sits in this body. It came from the munist activity. In two articles I have a job t.o join with us and work with us administration of Franklin D. Roosevelt. read, it is indicated that it is the Com­ and fight with us for our rights, we will It had the approval of Congress and of munist members who remain at a meet­ not work for you, because we do not the country. ing all night and all day, who wear out want-our rights to be divided between Today, under that law, foremen have the other members, who go home. I was those who will work together and the a right to organize and bargain collec­ wondering whether or not the provision dissident few who will not work with a tively with their employers. That is which penalizes the people who stay away majority." held by the National Labor Relations might not bring -them to a realization of Mr. President, has not a worker a Board; it is held by the Supreme Court their duty, and cause them to attend the right, first, to determine for whom he of the United States. This bill takes meetings, and to remain as long as those will work and, secondly, with whom he away that right. At the present time, who perhaps are not inclined to advance will work? I do not have to work with employers and employees can enter into the principles of good unionism, but to the man beside me if I do not want to. a closed-shop agreement: That right is advance something else. If I come to the Senate and am not sat­ abolished under the pending legisla­ Mr. PEPPER. Mr. President, it is a isfied to associate with· the other Sena­ tion. At the present time, workers, in good principle to have everybody eligible tors, ,I can resign. If I get a job in a choosing their bargaining agents, do so to vote in any election discharge that plant and I do not like the man who by only a majority of the votes cast in duty. It might even be justified for us works beside me, I can say to my fore­ the election. The pending bill requires to provide that all elections should be man, "If you don't move that man, I will a majority of the eligible voters to vote invalid unless the majority of aU eligible quit." I thought I had that right as an for their chosen bargaining agent, before voters vote. That might give us better American citizen, although it seems that it can have any efficacy. A majority government; but we have never seen fit some have vastly different concepts as to · of the eligible voters are required before to do it, in our national elections, in our what are the essential rights of a citi­ they can have a union shop, even. State elections, or in our local elections. zen. I thought a man was the master Mr. President, at the ·present time labor There are alway,!, the busy, industrious not only of his money, but o'f. his labor, is as-free as stockholders to abide by the few who may outlast their fellows, that but I am seeing, in the law of the land, a action of their respective agents. To­ may have advantages in other elections. respect for a man's money, which I con­ day, stockholders have an annual meet­ That is true probably in our .churches and strue the advocates of this measure are ing, generally. They elect their direc­ in our lodges and in our other organiza­ disposed not to attribute to a man's body, tors. Those directors have periodic tions. But, Mr. President·, that fact does to the very labor of his being. meetings, and they elect the executives not justify us, I believe, in laying down I say, Mr. Presid.ent, that what the of the corporation; then those execu­ one standard for the making of decisions committee has done is, first, to abolish tives run the affairs of the corporation. by labor organizations, and allowing the the closed shop, to make it illegal not to- There is not a vote among stockholders prevalence of a different st!itndard far 1947 CONGRESSIONAL RECORD-SENATE. 4369 other organizations and for other deci­ say that that is an invasion of the right members. I do not say that that is· bad. .sions made by the people. of a citizen to address himself in a lawful I would not object to that if it were the Mr. President, I read now paragraph 3 way to anyone wHJ_ any decent proposal. only provision in the bill or if it were of the majority report, referring to the That is a violation of civil and civic not for these bad provisions. I think, pending bill: · rights of the citizenry of this country, I however, the Board is doing a pretty It gives employers and individual em­ respectfully submit. good job as it is .. and obviously the pro­ ployees rights to invoke the processes of the Moreover, the workers are denied the posed change is going to require some Board against unions which engaged in cer­ right to work together to better them­ difference in administration, some dif­ tain enumerated unfair labor practices, in­ selves. Not only is that done, but upon ference in procedure. In fact the bill cluding secondary boycotts and jurisdictional the petition or the complaint of anyone requires the Board to adopt some differ­ stril{es, which may result in the Board itself affected, a. regional officer or a regional ent procedure. It abolishes the review . applying for restraining orders in certain attorney of the National Labor Relations boards which are now in existence. It cases. Board· is duty. bound by the law itself, denies to the members of the Board the Mr. President, in the first place, it has as the bill provides, to go into court and right to profit by the actions of the been pointed out previously that the obtain an injunction against an organ­ review boards as they have in the past, President recommended legislation ization doing the kind of thing I de­ and it makes every member personally against the jurisdictional strike. We scribed a moment ago. In other words, read the ·record and so on, which is pre­ are in accord. The minority report oy it is not made permissive for the regional liminary to the decision. Perhaps that the Senator from Utah, the Senator attorney or the regional representative is a good thing, but it is, I suspect, going from Montana, and the senior Senator of the National Labor Relations Board to delay the decisions of the Board more from Florida, specifically so stated, and to apply for the injunction-it is· made than they are delayed at the present we have stated otherwise the same thing mand~tory. He must do it. Not only time. upon the floor. But, Mr. President,. the that Mr. President, he may do it even I referred to paragraph 4, which .deals so-called secondary boycott that is without notice. Of course, the injunc­ with the Board. I now read paragraph dealt with in the pending bill is not all tion issued would last only, I' believe, 5 5 of the majority report: that is covered by the language of that days in case .the injunction were applied In the inter~ts of assuring complete free­ provision. It prohibits the primary for without notice, but the regional rep­ dom of choice to employees who do not wish boycott, as well as -the secondary boy­ resentative can go ex partt; into a court to be represented collectively as well as those cott. As a matter of fact, it forbids and secur.e an injunction for 5 days, who do·, it requires the Board to enlarge the workers cooperating with one another which may mean the cruciaf period in . rights of petition in representation cases and the endeavor which I . desc'ribe.d in de­ to give greater attention to the special prob­ for the common protection or for the lems of craftsmen and professional employees common good-the very thing that Mr. termining the final result .. in tbe determination of bargaining units. Justice Brandeis laid down as the inher­ Mr. President, in. ·addition to that the ent right of the worker, to ·give· aid to .bill allows the issuance of a permanent Mr. President, I do not have any objec­ another in a struggle for working stand- . injunction against the doing of that kind tion to professional groups associating ards in a community or in the Nati'on at of thing. It also, of course, makes that themselves together in profe.SZ:onal large. · sort of thing an urifa~r labor practice unions. Nevertheless, the pr.actical"effeet Mr. President, I have previously and gives ,the National Labor Relations of this provision, I submit, is to cause quoted the language of the proposed bill Board authority . to issue · a . cease-and­ labor strife. It is going to cause discord and given this illustration. Here · is a desist order, .and then the power to go 'in ·labor organizations and units which group of workers, working for. an em­ into a court and require the enforce­ does not exist today. It is going to pro- · ployer, who refuses to pay a fair wage; ment of that order. voke more work stoppages instead of less. he insists upon sweat-shop conditions Mr. President, I say that in the first It will cause more strikes instead of fewer for those people; they strike. The em­ place the bill strikes down the civil rights strikes. ployer gets other workers to take their of a citizen to ap.dress himself to his fel­ I now read paragraph 6: places-strikebreakers: he goes on with · low citiz'ens to .a common cause that is 6. It pievents the Board from continuing his btisiness, making exorbitant profits, lawful in character. In the second to accord affiliated unions special advantages because he will not pay labor a fair wage. place, it denies to workers the right of at the expense of independent labor organi­ Another man is taking his product, add­ working with other workers to protect zations, by requiring that, under identical ing more labor and more skill to it, mak­ their own working standards. Suppose circumstances, the Board in complaint cases ing it· more valuable; the first man is there are two plants in a community, refrain from any disparity of treatment. profiting by dealing with the second and suppose one of them observes fair Mr. President, my own interpretation man. Suppose the workers in the first labor standards and the other one does is that that is going to encourage com­ plant go to the workers in the second not. Do we not know that workers in pany unions, as it, for the first time, plant and say to them, "You know what both plants have a common interest in recognizes the company union. That, . this man has done to us. He won't pay the wage scale in that community? In too, Mr. President, is going to mean us a decent wage. He refuses to deal our law we have time after time provided weaker bargaining units, less effective with us. He denies us the right to or­ that the Government shall pay the pre­ labor organizations. It is going to mean ganize; yet you are taking his product vailing wage. Senators will recall the more strikes, not less. It is going to pro­ and making him rich by working on it. statutes. For example, in the Walsh­ voke labor discord in many places where Won't. you cooperate with us? Won't Healey Act we require the contractor with today there is peace be ~ ween manage­ you help us make him do what your the Government to pay the prevailing ment and labor. employer does for you? You have got a wage. So every worker in the community Mr. President, these are just a few of good employer; he deals fairly with you; is interested in the prevailing wage in the provisions of the bill. I shall at a he pays you a fair wage; he allows you that community. Yet if a group of later time refer to others. I simply laid to join the union; he deals collectively workers try to work with another group that as a base upon which I wanted to to hold up a decent wage level in the impose the pending amendment, namely: with you in the bargaining. Now, just community, under this bill they would be come and help us by letting your em­ violating the law of the land. I say It is made an unfair labor practice for ployer know, and letting our employer again, it does not say anything about the a labor organization to coerce "em­ know, that you won't work on his prod­ employer in that respect. It simply ployees in the exercise of the rights guar­ uct if he does not deal with us in a fair strikes out the. right of the employees to anteed·in section 7: Provided, That this way." better themselves by cooperation one subsection shall not impair the right of a If the first group of workers did that, with another and by the exercise of the labor organization to prescribe its own under the pending measure they would civil right of persuasion of their fellow rules within respect to the acquisition or be violating the law. If they went over citizens about a matter of common in- retention of membership therein." and talked to the other workers about terest. . Mr. President, what does that mean? doing that, they would be violating the Those are some of the principal pro­ That means that it is an unfair labor law. One could not even go into the visions of the bill, Mr. President. Of practice for a union to coerce, as the lan­ house of a neighbor, talk to him at his course the bill changes the structure of guage says, any employees in the enjoy­ fireside in the evening, and ask him to the National Labor Relations Board and ment of the rights accorded them in sec­ do that, without violating the law •. I authorizes the appointment of four new· tion 7 of the bill. 4370 CONGRESSIONAL RECORD-SENATE

Section 7. Mr~ President. confers cex­ a magna. ca:rt.a. of workma.n's liberties employee, !ndivtdually, or local represenf­ tain rights upon employees. It provides. no less sacred or secure than the Magna atives of employees trpm eonterrtng Witb of which management during working hours without that.--:- Carta. all llbert.ies has me.ant. loss of time. or io prohibit a carrier from fur­ Employees shall have the right to self­ so much to Anglo.:.American civilization. nishing free transportation to its employees, organizaticn, to fonn, join or assist. labor ExumiT 1 while engaged in the business of a labor organizations. · bargain collectively to APPENDJDS TO T!lsTIKONY OF A.. P. WH:rtNB'i" organization. through representative& at thefr own choos­ ON PI:NDmG LABo& LEGISIA'IION APPENDJX D ing, and to engage In concerted actfvitfes, for the purpose o! conectfve bargaining or PROPOSJ:D AMENDMEN'!S To temove prohibition on union secuTity other mutual afd or protection. [Suggested changes are 1n black brackets} clauses paragraph fourth of section 2 of the Railway Labor Act (ca a of title 45, u. s. In the :first place, what labor union APPENDIX A Code} should be amended. by adding the fol­ wishes to deny an emplo.yee the free ex­ To make the service& or Presidential fact­ lowing proviso thereto: [And provided fur­ ercise of those rights? finding boards available before a strike vote ther, That nothing in this act or in any other is taken, the Brotherhood urges that section statute at the United States shall preclude This question becomes of practical im­ 10 of the Railway Labor Act (ch. . 8 of title 4&. a carrier, its officers. or agents from making portance because the word "coerce" is U.S. Code) be amended by changing the. fust. an agreement with a labor organization (not not defined. I predict. that. if a. group· sentence thereof to read as follows: established maintained, or dominated by the of workers from a. given union talks to If a dispute between a cal'rier and its em­ carrier, its officers, or agents) to require mem­ another group of workers about joining ployees. be not adjusted under the foregoing, bership therein as a condition of employ­ the union. that will be held to be ooer­ provisions of this act, [and the duly desig­ ment, if such labor organization is the duly cion, or it will be charged that it is nated and authorized representatives of em­ designated and authorized representative of ployees involved in such dispute request the. the employees at the time the agreement is coercion. That will mean that the or­ made.] - be Mediation Board so to notify the President. ganization will charged with an un­ or if, 1n the judgment of the Mediation Board, Repeal paragraph fifth of this f?ection. fair labor practice. It will mean that the dispute threatens] substantially to in­ APPENDIX !: there will be a hearing before the Na­ terrupt interstate commerce to a degree such tional Labor Relations Board, and that as to deprive any section of the country of To resolve jurisdictional disputes before there must be final judgment upon the essential transportation service, the Media­ they reach the strike stage. a No formal amendment is proposed, but see question. If the complaint is found to tion Board shall notify the President, who ma:y thereupon, in his discretion, create a the suggestions on pages 12 and 13 of the be justified there- will be a. cease-and­ testimony. desist order. Then the case will go to board to investigate and report respecting the circuit court of appeals of the appro­ such dispute. Mr. PEPPER subsequently said: Mr. priate jurisdiction for enforcement of the APPENDIX B President, I ask to have incorporated in order. To eliminate excessive delay in cases pend­ the RECORD after the material I presented The case may also be the subject .of ing before Railroad Adjustment Board, during the course of my recent remarks amend paragraph (w) of section 3 of the from Mr. A. F. Whitney: some additional an injunction or an application by the Railway Labor Act (ch. 8 of title 45, U. S. National Labor Relations Board for an Code) by substituting the following for the material that is marked in the instru­ injunction. This provision puts a weap­ first sentence thereof: ment I send to the desk, representing on in the bands of an employer or of a [(w) In the. event any division of the Ad­ excerpts from Mr. Whitney's testimony dissident group in the union or among justment Board becomes 3 months or more before the Committee on Labor and Pub- the employees, to keep the union in court behind in its docket of undecided disputes it lic Welfare. · all the time, to make it spend all its shall establish regtonal boards of adjustment The ~RESIDENT pro tempore. Is money, and to prevent it from e!Iectively to act in its place and stead for such period there objection? The Chair hears none, as may be necessary to clear the Divtsion's and it is so ordered~ representing and protecting the workers docket of such disputes.] in that enterprise. EXCERPTS FROM TESTIMONY OP A. F. WHI'l'NEY • APPENDIX C The bill strikes down right after right, Responsible unions want the closed or To authorize the dues check-off when privilege after privilege, power after au­ union shop be<:ause it is essential if the union thorized by individual members, paragraph power of the workers of the country. is faithfully to discharge the terms of the fourth of section 2 of the Railway Labor Act . contract it signs with management. How The inevitable e:trect would be more (cb. 8 o! title 45, U. S. Code) should be can any union guarantee steady production, strikes, more discord. and less peace. amended and reenacted to read as follows~ · The inevitable effect would be lower Employees shall have the right to organize peaceful relat\t)ns, an absence of wildcat wages for the workers. and bargain collectively through repl'esenta­ strik.e.s, or any of the other interruptions to . The day before yesterday I cited the tlves of their own choosing. The majority sustained industrial production 1! a number . fact that, in respect to their previous of any craft or class of employees shall have o! the workers affected by the agreement are the right to determine who- shall be the not a party to it? earnings and in respect to other income Some yean:r ago the vice president of one groups, the workers of America are daily, representative of the craft or class for the purposes of this act. No carrier. its ofllcers. of the Nation•s larges-t railroads demanded monthly, and yearly receiving less wages, or agents shall deny or in any way question that the Brotherhood of Railroad Trainmen less take-home pay. That will inevita­ the right of its employees to join, organize. fulfill the terms of its contract 1n a number bly mean a diminished purchasing pow­ or assist in organizing the labor organi2ation. o! railroad yards torn by bitter quarrels be­ er for the people of America, because of their chOice, and it shall be unlawful !or tween workers with all their resultant inter­ the people are the workers of the coun­ any canier to interfere in any way with the ruptions in yard work. This railroad had : organization of its employees, or to use the encouraged the growth of a rival union to the try. As Governor Stassen stated, it will BRT; it had protected the growth o! the contribute, as a similar policy after the funds of the carrier in maintaining or assist­ ing or contributing to any labor organization. other union until it had signed up a· con­ last war contributed, to a depression labor representative, or other agency of col­ siderable number of men. My answer to the which may ruin America and perhaps lective bargaining, or in performing any work vice president was that the BRT had made, drag the world down into chaos and com­ therefor, or to influence or coerce employees and wauld continue to make, every effort to munism. in an effort to induce them to join or remain fulfill its contract. But how could he expect In addition, the bin is one-sided. It or not to join or remain members of any labor peace in his yards ·when he was encouraging would embitter workers and cause them organization or to deduct from the wages of his employees to join a rival union and then to feel that they were not getting a employees any dues, fees, assessments, or setting one off· against the other? square deal from their Government. It other contributions payable to labor organi­ I say the same thing today. How can any­ zation, or to collect or to assist in the collec­ one expect a union to discharge the obliga­ would contribute to a bitterness which tion of any such dues, fees, assessments, ore tions. of its contract when an employer en­ could not but impair the marvelous pro­ other contributions: Provided., That nothing courages strife and rivalry by inviting an..: ductivity which this country enjoys to­ in this act shall be construed to prohibit a. other union to come in and start organizing? day, and which couJd not but diminish carrier [by agJeement with a labor organiza­ Unions are anxious to fulfill their contracts, the unprecedented profits which busi­ tion, national in scope, and under individual and they usually do. But tf you really are ness in America is enjoying today. authorizations by employees, from deducting concerned with the responsible operation of As against policies of that character, from the wages of such employees who are unions, then give them security so they have members of such labor organization, dues. the chance. how much better it would be to allow fees, assessments, or Insurance premiums Many employers themselves want the the present prosperity to continue unim­ payable to such labor organization or sub­ closed shop for exactly the same reason. paired. Let the working men and women sidiary or aftllia.te thereof;] And provided. fur­ They have learned that improved union dis­ o~ America continue to enjoy the right ther, That nothing tn tb,is act shall be. con­ cipline. higher morale,. greater stability in to feel that they have in the Wagner Act trued to prohibit a carrier from perm1ttfng an labol'-management relations are all fruitB of 1947 ' - CO·NGRESSIONAL RECORD-SENAT-E 4371 the uni'on security agreements. Why in the mittee on Printing which succeeds to the Senate and the House versions of the name of common sense should anyone strike the jurisdiction of the old Committee bill. at a system which has proved its value? on Printing, with the req~est that some· The conference report also adopts gen­ · In the name of common sense, no one resolution of the Senate be suggested erally the Senate rule with respect to would. In the name of profits · for a selfish few, some industrialists do. I do not believe which will permanently prevent this future claims. they will be successful; But the very fact practice. It bans representative actions, as pro­ that the basis of union security is threatened EXEMPTION OF EMPLOYERS FROM LIA­ vided in the Senate amendment. introduces antagonism in the industrial pic· BILITY FOR PORTAL· TO· PORTAL It contains a 2-year statute of limita­ ture. By refusing to strike at union security, WAGES IN CERTAIN CASEs-CONFER­ tions, with modifications as noted in the the Congress will make a real contribution ENCE REPORT statement which I put into the RECORD to lasting industrial peace. yestercf.ay. Mr. WILEY. Mr. President, I ask It permits reliance on past and future To remove prohibition on union security unanimous consent for the present con­ administrative rulings. · clauses paragraph 4 of section 2 of the Rail­ sideration of the conference report on It permits a court in its discretion to way Labor Act (ch. 8 of title 45, U. S. Code) House bill 2157, the so-called portal-to­ award less than the liquidated damages should be amended by adding the following portal bBl. proviso thereto: "And provided further, That which now are mandatory under the nothing in this act or in any other statute The PRESIDENT pro tempore. Is Fair Labor Standards Act. of the United States shall preclude a carrier, there objection to the request of the Sen­ It relieves from liability employers its officers, or agents from making an agree­ ator from Wisconsin? who were exempt under an "area of pro­ ment with a labor organization (not estab­ There being no objection, the Senate duction" regulation for acts or omissions lished, maintained, or dominated by the car­ proceeded to consider the report. occurring prior to December 26, 1946. rier, its officers, or agents) to require mem­ Mr. DONNELL. I suggest the absence Mr. President, it should be clearly un­ bership therein as a condition of employ­ of a quorum. ment, if such labor organization is the duly derstood that the conference report in no designated and authorized representative of The PRESIDENT pro tempore. Does way repeals the minimum-wage require­ the employees at the time the agreement is the Senator from Wisconsin yield for ments and the overtime compensation made." that purpose? requirements of· the Fa~r Labor Stand- Repeal paragraph 5 of this section. Mr.' WILEY: I yield for that purpose. ards Act. · · , The PRESIDENT pro tempore. The In relation to past claims, if the action PRINTING IN THE RECORD OF SPEECHES clerk will call the roll. NOT ACTUALLY DELIVERED ON THE is brought with 120 days after the date FLOOR OF THE f?ENA TE The Chief Clerk called the roll, and the of enactment, the.applicable State stat­ following Senators apswered to their ute of limitations will apply. If the ac­ The PRESIDENT pro tempore. With names: tion is not brought within 120 days, then the indulgence of the Senate, the Chair Aiken Hatch O'Conor the 2-year statute of limitations applies, would like to refer to a question which Baldwin Hawkes O'Daniel or the shorter State statute, if it is short­ has been brought to his attention, Ball Hayden O'Mahoney Barkley Hickenlooper Overton er than 2 years. namely, a recurrence of the habit of Sen­ Brewster Hlll Pepper With respect to future claims, a 2-year ators asking to have speeches printed in Brlcker Hoey Reed over-all Federal statute of limitations full in the body Of the CONGRESSIONAL Bridges Holland Revercomb Buck Ives Robertson, Va will be applicable, thus doing away with RECORD as though they had been delivered Bushfield Jenner Robertson, Wyo. the applicability of any State statute in .on the floor of the Senate. Butler Johnson, Colo. Russell the future. · The Chair prefers to speak of this mat­ Byrd Johnston, S. c. Saltonstall Cain Kern Smith Mr. President, that is all I have to say ter at a time when no such request is Capehart Kilgore Sparkman in regard to the conference report, ex­ pending, so that it may refer to no par­ Capper Know! and Stewart cept to compliment the conferees, who ticular Senator. Chavez Langer · Taft Connally Lodge Taylor worked like yeomen, night and day, un­ At least five times within the past 2 Cooper Lucas Thomas, Okla. til finally their minds met and agreement weeks speeches have -been printed in full Cordon McCarran Thomas, Utah was reached on what I consider to be a in the body of the RECORD precisely as Donnell McCarthy Thye Downey McClellan Tydings constructive piece of legislation, which though they had been delivered on the Dworshak McFarland Umstead will result in advancing the economic floor of the Senate. As Senator McNary Eastland McGrath Vandenberg health of this Nation. said on October 1, 1942, when a similar Ecton McKellar Watkins Mr. President, I move the adoption of Ellender McMahon Wherry question arose: Ferguson Magnuson Wiley the report. It has been the unbroken practice of the Flanders Malone Williams Mr. McGRATH. Mr. President, at this Senate for 150 years that no speeches shall Fulbright Millikin Wilson time I should like to make a _brief state­ George Moore Young be included in the RECORD of the day's pro­ Green Murray ment to the Senate, as one of the con- ceedings which have not been actually de­ Gurney Myers ferees. · livered on the floor. The PRESIDENT pro tempore. Of course, I desire to concur in the While former Senator La Follette, of Eighty-eight Senators having answered statement which has been made by the Wisconsin, was a Member of this body he distinguished chairman of the Judiciary to their names, a quorum is present. Committee, namely, that the members constantly rose to object to the exercise The question is on agreeing to the con­ of the privilege of printing speeches in of the conference committee worked ference report. most diligently on the two measures the body of the RECORD as though they Mr. WILEY. Mr. President, I shall had been delivered on the floor. Upon which were before them. I was priv­ detain the Senate only a few minutes in ileged to be one of those conferees. I one occasion he called attention to the regard to this matter. fact that this exceeds even the privilege regret that in the final analysis, I could I preface my remarks by stating for not bring myself to sign the conference to print which is exercised in the House the information of the Senate that the report. I may say that the defects of of Representatives, because while the conference report which we now have the conference report of which I com­ House does permit Members to extend under consideration was printed in the plain are no different than those of their remarks, it requires that they be RECORD for April 29, where it appears on which some of us complained when the extended in the Appendix of the RECORD. pages 4209 to 4211, inclusive. bill was before the Senate for general In the opinion of the Chair, it is very At this time I wish to present a brief discussion prior to its passage. important to protect the integrity of the · summation of what has been accom­ I reiterate that I think it is a grave REcORD of the proceedings of the Senate. plished by the conference committee as mistake for the Congress of the United It is not fair to ask the Official Reporters embodied in the report. States to write into the provisions of this · of Debates to stand guard in this con­ Mr. President, the conference com­ measure limitations upon labor laws nection and to resist requests to violate mittee adopted in its report the provis­ which heretofore have worked admirably this essentially sound precedent. ions of both the House and Senate ver­ for the welfare of those in whose behalf The Chair takes the liberty of asking sions of House bill 2157, in substance, they were enacted. that these observations be referred to with respect to past claims. In other Inasmuch as both the House and Sen­ the Committee on Rules and Administra­ words, the conference report in relation ate versions of the portal-to-portal bill tion, under which there is a Subcozn.. to past claims, adopts the theory of both incorporated the Walsh-Healey Act and 4372 CONGRESSIONAL RECORD-SENATE the Bacon-Davis Act, there w:as the be­ the United States, regardless of whether It is very difficult, of course, io decide a lief on the part of the conferees that they or not such agency had anything to do particular lawsuit upon the fioor of the laeked authority to eliminate them from with the enforcement of the Fair Labor Senate, and I would not undertake to say the -conference report. With that inter­ Standards Act. Reliance upon that with certainty the outcome of that case. pretation of the authority of the con­ sort of a custom or practice is sufficient on the facts submitted by th~ distin­ ference committee, I do not agree. I · to justify a violation of the Fair Labor guished Senator from Milinesota. I will think it was within the province of the· Standards Act by an employer who can state that unless the employer pleads conference committee to recommend to come forward and point to some mythi­ and proves that the act or omission com­ the Senate that inasmuch as no portal­ cal letter or some mythical custom upon plained of was in good faith. and in con­ to-portal cases had been brought under which probably he relied. I think there formity with and in reliance on an ad­ those acts, there was no necessity,· so far is danger in that sort of looseness in the ministrative regulation, order, ruling, as the proposed legislation was con­ legislation we are writing. · · approval, or interpretation of an agency cerned, to incorporate them in this final Mr. President, I do not care to pro­ of the United States, or an administra­ draft. , long the debate. As I said in the be­ tive practice or enforcement policy of Mr. President, I regret that the im­ gjnn1ng, these arguments have already any such agency with respect to the class pression has gone abroad to the coun­ been made, but I did want to reiterate of employers to which he belonged, he try that those of us who are sincerely them upon the floor of the Senate, in is not protected. . in opposition to the enactment of this order that Senators might know that the In the case which the Senator cites. legislation in its present form do not errors and the fallacies are still pres­ in which there were confiicting rulings, desire to see the injustices and the in­ ent, and there is grave danger that we one department ruling one way. another equities of portal-to-portal suits cor­ have done mortal harm to the Fair Labor ruling the other way, I think it is im­ rected. I, for one, would be most happy Standards Act, the Walsh-Healey Act, possible to state with absolute certainty to vote for a measure which would ban and the Bacon-Davis Act. and that to­ as to whether a court would hold that portal-to-portal suits, without any limi­ day, by the adoption of this conference the employer was relying in good faith tation or exception whatsoever. But I report, we take a terrible backward step upon the one ruling or the other. I think wish to call the attention of the Senate in the field of labor legislation. that is a matter which might well re­ and of the country to the fact that this The PRESIDENT pro .tempore. The quire the determination of a court. I measure goes far beyond the field of question is Qn agreeing to the conference think that is as near an answer as I portal-to-portal legislation. To those report. can give the distinguished Senator, on who speak of the relief it will bring to The report was agreed to. the facts. industry by banning some $5,000,000,000 Mr. DONNELL. Mr. President, I Mr. BALL. I thank the Senator, and or $6,000,000,000 worth of claims, I de­ move that the vote by which the confer­ I am inclined to agree with him that it sire to point out that the measure now ence report was agreed to be reconsid­ is up to the court to decide finally. But before the Senate, to my way of· think­ ered. it would appear to me that when the em­ ing, merely extends to industry an in­ Mr. COOPER. I move to lay that mo- ployer, in the particular case cited, went vitation to pass its own financial obliga­ tion on the table. . to the length of getting the War De­ tions on to the Government of the United The PRESIDENT pro tempore. The partment, under which he was a con­ States, for the conference report pro­ question is on the motion of the Sena­ tractor, ·to indemnify him in case his re­ vides that where any issue whatsoever tor. from Kentuc}.{y to lay on the table liance did not prove very good, it did not remains to a portal-to-portal suit, any the motiQn of the Senator from Missouri indicate that he had very much faith ln issue whatsoever between the parties­ that the vote by which the conference the ruling on which he was relying. report was agreed to be reconsidered. and I cannot conceive but that in every Mr. DONNELL. I will say, Mr. Presi­ one of the suits which we are attempting The motion to lay Qn the table was agreed to. dent, if the Senator will yield, that re­ to outlaw there will remain some ques­ liance in good faith is an essential part tion as to whether there was a contract. Mr. BALL subsequently said: Mr. of the defense, and unless the employer whether there was a custom, or whether President, I should like tQ ask the Sena­ tor from Missouri very briefly about the can show a good-faith reliance in con­ there was a practice-if such question formity with and in reliance on the ad­ remains in the minds of the parties, the conference report adopted a few mo­ ments ago. ministrative regulation, and so forth, he suits are not outlawed, and may be com­ is not protected. Does that answer the promised and settled. I am concerned with the good-faith defense provisions of the conference re­ senator? This means that any ~mployer can port. I know of one particular case, for Mr. BALL. Yes; I think that answers buy the good will of his employees at the what I had in min