3410 "CONGRESSIONAL RECORD-HOUSE APRIL 15 is in a position to do so definitely this Extraordinary and Minister Plenipotentiary afternoon, will give assurance that the of the United States of America to Ethiopia. HOUSE OF REPRESENTATIVES Senate will have sessions on Wednesday UNITED NATIONS GENERAL ASSEMBLY TuESDAY, APRIL 15, 1947 and Thursday nights. · Warren R. Austin, of Vermont, to be the Mr. WHERRY. Mr. President, I wish representative of the United States of Amer­ The House met at 12 o'clock noon. to restate the announcement made at ica to the special session of the General As­ The Chaplain, Rev. James Shera noon today, that there definitely will be sembly of the United Nations. ·Montgomery, D. D., offered the following a session of the Senate Wednesday night, Herschel V. Johnson, of North Carolina, to prayer: and that Senators should hold them­ be the alternate representative of the United selves in readiness for a session Thurs­ States of America to the special session of 0 God, Eternal Spirit, Thou hast laid day nig:1t, because if the pendiqg bill is the General Assembly of the United Nations. the foundations of heaven and reared not terminated by that time I at least IN THE MARINE CORPS their walls in power and glory. Forever will ask the Senate to remain in ses­ The below-named naval aviator of the shall our praise ascend and forever let sion that night. I should like to see a Marine Corps Reserve to be a second lieu­ the tides of blessing come down. 0 Thou final determination on the question of a tenant in the Regular Marine Corps in ac­ who art the inspiration of all that is good night session on Thursday left to the ma­ cordance with the provisions ·of the Naval and the glory of all that is beautiful, jority leader, but I have talked with the Aviation Personnel Act of 1940, as amended, send forth Thy light, reminding us of Senator from Maine, and I am quite sat­ to rank from the date stated: our place and our calling. Do Thou open isfied that if the consideration of the Richard J. Sullivan, from the 16th day of the windows of pur minds that we may bill shall not be concluded in the Thurs­ November 1943. receive the spirit and the love of truth, day afternoon session, we will be called CONFIRMATIONS thus turning hesitation into fortitude. Undergird and uphold our firm belief in upon to have a session Thursday night, Ex.ecutive· nominations confirmed by and Senators should make their ar­ the ultimate triumph of the good, for the Senate April 15 (legislative day of nothing else in equal measure has ever rangements · accordingly, and be ready ·March 24), 1947: to attend a session that night if neces- taught us so much how to live. In every sary. , COLLECTOR OF INTERNAL REVENUE situation, inspire us to think truly, to Mr. TAYLOR. Mr. President, I intend James M. Alsup to be a collector of inter­ speak and live truly; then shall our daily to vote against the pending bill, but I nal revenue for the district of Hawaii. lives be .open books of great and noble ·wish to say that if-as I fear it will-it UNITED STATES PUBLIC HEALTH SERVICE creeds. In the holy name of Christ our should get us into war, atomic war, one PROMOTIONS IN THE REGULAR CORPS Saviour. Amen. of these days, my services will be avail­ To be a medical director The Journal of the proceedings of yes­ able wherever I am, if I do not happen to Carl E. Rice terday was read and approved. be a Member of the Senate. Wherever I am, my services will be at the disposal , To be a temporary senior dental surgeon MESSAGE FROM THE PRESIDENT of my country. I have three sons, one Norman F. Gerrie A message in writing from the Presi­ 11 years old, one 5 years old, and one 9 To be a temporary senior surgeon dent of the United States was communi­ months old. They will be ready to fight John B. Alsever cated to the House by Mr. Miller, one some of these days. I will curse the day To be a temporary senior nurse officer of his secretaries, who also informed the they have to, but I will send them if House that on the following dates the their country needs them. There will be Minn~e E. Poh~ President approved and signed bills of no doubt of tlie unanimity of our coun­ APPOINTMENTS IN THE REGULAR CORPS the House of the following titles: tr:' after the policy is adopted, but I am To be a senior sanitary engineer (lieutenant On April 14, 1947: opposed to the policy, and I am going to colonel), effective date of oath of office H. R. 1621. An act to authorize the Secre. vote against the bifi. Leonard H. Male tary of War to lend War Department equip­ LEA "'"'ES OF ABSENCE To be a senior scientist (lieutenant colonel), ment and provide services to the Boy Scouts effective date of oath of office of America in connection with. the World Mr. MAYBANK. Mr. President, I ask Jamboree of Boy Scouts to be held in . unanimous consent to be excused from Justin M. Andrews 1947; and to authorize the Commissioner of the Senate tomorrow, Wednesday. To be scientists (major), effective date oj Internal Revenue to provide exemption from· The PRESIDENT pro tempore. With­ oath of office transportation tax; and further to authorize out objection, the request is granted. Sidney H. Newman the Secretary of State to issue passports to Samuel W. Simmons bona fide Scouts and Scouters without fee Mr. GEORGE. Mr. President, I ask for the application or the issuance of said unanimous consent for leave of absence To be surgeons (major), effective date of passports. from the Senate from this afternoon un­ oath of office On April 15, 1947: til Monday next. Alexande:.: A. Doerner H. R. 1327. An act to amend existing law The PRESIDENT pro tempore. With­ Russell E. Teague to provide privilege of · renewing expiring out objection. leave is granted. Abraham Wikler 5-year level-premium term policies for an­ other 5-year period; and Mr. CHAVEZ. Mr. President, I ask To be a dental surgeon (major), effective date unanimous consent for leave of absence H. R. 1713. An act to provide for the pro­ of oath of office motion of substitute employees in the posta until Friday or Saturday of this week. Norman F. Gerrie service, and for other purposes. The PRESIDENT pro tempore. With­ To be a nurse officer (major), effective date EXTENSION OF REMARKS out objection, leave is granted. of oath of office RECESS Hazel A. Shortal Mr. TWYMAN asked and was give :~ permission to extend his remarks in th( Mr. WHERRY. Mr. President, I move IN THE ARMY RECORD and include an article from the that the Senate take a recess until to­ TEMPORARY APPOINTMENT IN THE ARMY OF THE Chicago Tribune. morrow at noon. UNITED STATES Mr. COLE of New York

unde:r I the bill the nghts. of laoo.r are profits rolleA up bY respectable and pow­ WOO has heard the side of the. work.­ c~d. - - erfU) bwi:ne:s.s firma; look at. tbe cone.e-5- ers-fo:r the most part girlS. al:Id women Mr. Speaker, I fully Feal~ that re­ sw.n.s lobbied tbrouPI. Congress in the t~ying to mainta.m their families single.­ gardless. of what, I may· say .or advise·, way 'of tax forgiveness:, rebates, cany­ handeci, ol" tQ help. share the. bw'den of you are fully se.t to pass the most vicious, baek: e.redi!'s, repeal of escess-:proftts e-x_. existence in a. struggle. for e-xistence restrictive, and destructive-antilabor bill cises, and most recently genero\!lS Jeduc- where. the dollar has lost ov:ex: half its every brought before this House-, and to tions in tax :rates · busing power in 12 months.'! adopt this. rure which will make its con­ l concede that during the wa.r there He1.1e. a.Ie a few facts: Year after Ytall, sideration in order. were . some resmc:tions on blllSiness and tbroog.h depression and tluougn boom, Consequently, I shall not use my full indust:rr)li. There woe controls on what A. T. lr T. has. paid 9 pa-cent dividellQs; time, and request that 1 ·be remin.d.OO €.Ol!lld be made and how it eould be sold. yet the United States Government ean when I have consumed 15 minutes. I Would you· have- had it otherwise~ Are sell it bonds. at 2¥~ pe11cent witlwut dif-' also ask unanimous consent that r may p:rro:ftts more important than the- safety :ficulty. A. T. & T. has ca&b Ieiefiei 1« revise and extend my remarks, and to of our beloved co11llltry2 GOO> alone dep:ueciati()n of $:2,200..QQa,G00-42',200 - include certain editorials and articles. knows how this Naticm wc:ru!d have fared 000,00,0---whidl amounts ta exae:tly one­ The SPEAKER. Is there objection to bad those controls been removed in the thilzd of its p.bysica1 plant. value oi the request of the gentleman from first year after the· war We can get $6,600,00Q,OOO. Illinois? some hint by seeing how commodity . Despite this.· obvi:ou PI03Jiti"itY. ihe There was no objection. prices have shot up 70 pel'cent since last average weekly inCC>me for allBeUSyst.em ,.I FEAR THE ~S WHEN THEY BEAR GIFTS" and how business pl'ofi:ts have employees wbidl includes maDJ hig,h­ cMmbed up and up and up, until the staid, salaried expe-rts-. is less than tl!te natic»nal Mr. SABATH. Mr~ Speaker, just a few minutes ago someone circulated a l'e&peciable, and reliable City Bank of ave:rage f all JIUm.UfaciliBimg, od the mimeographed sheet which purports to New York can report in its. monthly let­ average weekl(y wage of the w:Gmen op­ set forth the 18 points of this so-called ter that the average J)l"ofits o:l 2l'li con­ erators is $13 less than the a.vaage CJf "bill of rights"· for labor. I do not know cems were, in 1946, l6 pe:rreent above the a1l indUstry. whether this circular was prepared by profits of 19451 after all taxes were paid. PA'!: CHECKS TlDltD BEl!.OW A'VDAGE some member of the committee or by Whe:re have. working peopl'e increased The average pay- check' for the "hello the Association of Manufacturers; but I their take-home pay 36 percent in only girls» fn January of tllfs year, as shown am inevitably reminded of Virgil's ad­ 12. months'? by oft'lcial figures, was $33 a weelt---con­ monition, "I fear the Greeks even when SOME IND't!tS'l'B!ES A:tliOST DOUBLED NET sidera:My under the minimlllil income they bear gifts." Certainly, the "gffts" You need only to read the daily news­ required: to maintain a family of three at of this bilF to labor should be feared. papers, qr the publications o! big :finan­ minimum ·comfort. The chairman of the Committee on cial reporting houses, or the business The average pay check . for all tele­ Rules, my colleague, the gentleman from magazines, or ·official and impartial Gov- phone employees was $43.19 a week. 1947 CONGRESSIONAL RECORD-HOUSE 3415

At the same time, the national aver­ gentleman I will say that by 1932, when AMERICAN LABOR MOVEMENT 150 YEARS OLD age: for all manufacturing was $46.94; the Democrats were swept into power by The American labor movement is just the average in the bankrupt Western a people outraged by such perverted. 150 years old. Union Telegraph Co. was $46.83; the ignoring of the national problems as is The first labor union came into being average in the light-and-power industry represented by this bill, we had more not long after th.e adoption of the Con­ was $54; and in the rubber-goods indus­ nearly 18,000,000 than 14,000,000 people stitution; and the Federal Society of try, which is perhaps the closest to the unemployed, farmers without markets, Journeymen Cordwainers won their first telephone industry in its proportion of food spoiling for lack of buyers, milk strike. low-paid woman operators and highly strikes everywhere, foreclosures, empty Big business-small by our modern­ paid technicians, the average weekly pay office buildings, closed factories, vacant day standards but respectable enough in was $54.26. dwellings, and a national income which the bustling days of the new Republic­ Western Electric, a 99-percent-owned had shrunk to about one-fifth of that immediately sought means to break the subsidiary with a monopolistic control of which we anticipate in 1947. The crash unions. They found it when they found manufacturing and supplying the Bell began, it is true, in 1929; but it came be­ a court which did not raise an eyebrow System, has the astounding depreciation cause we had been living for 10 years in over the association of the manufactur­ reserve of $121 ,000,000-over 60 per-cent a fool's paradise of unreality. The Re­ ers, but indicted the unionists for crimi­ of the invested plant value of $194,- publicans believed then, as now, that all nal conspiracy, found them guilty, and 000,000. we had to do to maintain prosperity was fined them; and then the strikers were While underpaid telephone operators to keep labor in its place and business blacklisted. walk the streets in picket lines, a Bell free of all control and responsibility ex­ After years of struggle criminal con­ System subsidiary out in Cincinnati, cept that of making profits and then spiracy charges were outlawed; but in­ practically a family affair of a Repub­ more profits, amassing property, creating genious industrialists found many an­ lican leader, is cutting a juicy stock the tools of production without any con­ other trick to keep labor from organizing, melon dripping with a virtual lOO-per­ cept of their responsibilities to society or or, if they did dare to organize, to jail cent profit-but limited to one share of their country. them, fine them, blacklist them, or even ne .v stock for each six outstanding shares That bubble burst. have them beaten up, shot, evicted. Then the Democrats under President held. That keeps the profit out of the STRUGGLE FOR UNIONIZATION CONTINUES hands of employee owners. This partic­ Roosevelt had to rebuild the economy. . ular company, Cincinnati & Suburban, The people had to be fed, clothed, Notwithstanding threats, abuse, mis­ has not one dollar of bonded indebted­ housed, retmmed to useful work. Banks, representation, fear, privation, law by in­ ness. railroads, insurance companies, factories, junction, even sudden death, the struggle I hear no censure of the Bell Telephone merchants, farmers, processors had to for unionization continued. Panics and System, no threats, no denunciations. be bailed out of the Republican quag­ depressions destroyed unions when guns mire of irresponsibility, corruption, and and blackjacks couid not. Introduction LABOR DOES NOT LIKE STRIKES extravagant wastage of our natural re­ of pitifully underpaid and overworked We have heard much in this House in sources. child and female labor threw back union recent years about strikes, as if workers That all took money, as the gentleman organization .many years. · were horses and mules with no right of from Indiana []Mr. MADDEN] suggests. Liberal leaders, both from the ranks of protest save to die. No one-not even the Republican labor and from among the intellectuals Labor does not like strikes. They Party whips-can deny that under and the politicians, were discredited and bankrupt the unions, bankrupt the work­ Roosevelt the Democrats brought about driven from their own communities and ers. They fall with devastating burden present-day conditions; that without from public life for no other reason than on the women and children-on the fam­ any loss of liberty, without any loss of that they earnestly sought to bring liv­ ilies. But it is the duty of a man to earn political freedom or economic freedom­ ing wages and decent living conditions to a living for his family. When he cannot nay, Mr. Speaker, with positive gains of their fellow workers. Your party, Mr. maintain his family in decent American freedom, of equality, of justice, of a more Speaker, has led in. that kind of reprisal style, and when he has exhausted every abundant life-we have reached the for many years. resource of negotiation with an employer highest employment, the highest na­ KNIGHTS OF LABOR EMERGE FROM STRUGGLE with millions to his pennies, the strike is tional income, the highest national pro­ his weapon of last resort. Violence is Even when local unions were formed, duction, in all history. The only :flaw or national craft organizations brought unfortunate; I deplore it; but it is in­ is that under a Republican assault on into being, industrialists managed to evitable when he sees strikebreakers go­ the administration program controls keep them divided so that there could be ing in to his job. The Bible tells us, "The were removed too soon, and prices and laborer is worthy of his hire." .When a no national solidarity among labor or­ wages are completely out of balance. ganizations, although Nation-wide fed­ man works all day and cannot pay rent, I do not believe that anything this buy food and clothes, and protect his erations were proposed often enough. Republican majority can do will spoil Flnally, in 1869, the Noble Order of the children, and the company he works for that prosperity in the next 16 months; makes high profits, he has only the right Knights of Labor was organized by Uriah but I do not believe that the way to S. Stephens, and became Nation-wide in to abstain from work to gain that hire of remedy the disparity between prices and which he is worthy. scope and influence. Under the leader­ incomers is to prohibit workers from ship of Terence V. Powderly, the Knights He must organize to make his protest making effective demands. The way to effective. of Labor was a power which profoundly guard against subversion is by making influenced the politics and the economics And make no mistake about this: La­ our democracy work; and we help make of the Nation from 1879 to 1893. Al­ bor organizations have helped business, it work by making workers as secure and though originally a secret order, the have stabilized working conditions, re­ as prosperous as the employers are. duced turn-over, increased production, Knights of Labor at its height comprised NAME CALLING WILL NOT HIDE VICIOUSNESS OF 702,000 members and was organized reduced expenses, and created better BILL workmen. along lines comparable to contemporary My colleague has repeatedly coupled industrial unions-the horizontal pattern Mr. MADDEN. Mr. Speaker, will the "left wing" and "New Deal" in his speech gentleman yield? of unionization, although craft unions in the effort to smear all progressives who were included among its constituents, Mr. SABATH. I yield. have the best interests of labor, agricul­ Mr. MADDEN. The gentleman from just as the CIO today includes some ture., free and honest business, and of the crafts among its member unions. Illinois [Mr. ALLEN] stated that the New American people at heart: Deal promised to reduce expenditures as This is an old and time-worn trick. It AMERICAN FEDERATION OF LABOR FORMED far back as 1932. The gentleman in the may work for a while, but no amount of However, the power of the crafts in the well of the House now addressing us was name calling can hide the vicious nature Knights of Labor became ascendant over here in 1932. I ask him, what did it cost of this bill, which has one purpose only­ the broader concepts held by Powderly, to feed the 14,000,000 idle people that the to destroy the rights of organized labor,· and out of the conflict of aims and direc­ Republicans left us with in 1933? and with it the rights of all labor. tions the American.Federation of Labor Mr. SABATH. I did not 'wish to go Nor is there anything new in this tech­ emerged with a new direction for organ­ into that matter, but to the query of the nique. ized workers. 3416 CONGRESSIONAL RECORD-HOUSE APRIL 15 By 1893 the Knights of Labor had vir­ communism and the left wing-this is I do not believe the printed hearings are tually departed from the scene, and the the way to breed subversion. even now available. Yet had I read all alliance between farm, labol', and some . LABOR ORGANIZATIONS HELP ALL LABOR · of yesterday, and last night, and this white-collar groups held together by Members of unions do not enjoy alone morning, foregoing all other duties, I Powderly's dream of a full life fell apart. the benefits of labor organization. Not could not have claimed to have read and Led by the sagacious Samuel Gompers, only the 18,000,000 workers joined to­ studied them sufficiently to know all the the American Federation of Labor be­ gether in the American Federation of hidden meanings and injustices con­ came a sound and solid national organ­ Labor, the Congress of Industiia1 Organ­ tained in this infamous measure. Its ization in the vertical pattern of craft izations, the Railway Brotherhoods, and backers must have spent years preparing unionization, modeled closely on the many independent and unaffiliated it secretly and minutely to strip organ­ British Trades-Union Congress. The unions, but all the 58,000,000 American ized labor of all meaning. AFL was actually organized in 1886, after workers share in the progress brought I shall not attempt any detailed dis­ 5 years of preparatory work, and rose about by organized labor. cussion of the bill, for those who follow rapidly to power and influence and Many of you remember the bloody me in general debate, and particularly solidity. struggle to bring about, first the 10-hour those six who signed the minority report, PROGRESS SLOW AND PAINFUL day, then the 8-hom· day. You remem­ will do that expertly. The road to progress has been slow ber the bitter fights against safety ap­ _\nd when all the facts are in, and the and painful. pliances in railroads-and every big busi­ full meaning of this omnibus antilabor I myself, in the span of my own life­ nessman riding in a pullman car can bill is made clear, I am confident hat the time, can remember when all unionists thank organized labor for making that American people, to whom fair play and were reviled as anarchists and Socialists, ride safe and comfortable-and against equal justice is the essence of the demo­ or both, just as now it is in style to call prohibiting sweatshop slavery for chil­ cratic way of 1ife, will be shocked and ever:" unionist, every progressive, every dren and women. Millions who have dismayed, and will repudiate the bill and liberal, a Communist or fellow traveler. never paid a dime to a union share in the all its supporters. Nevertheless, progress has been real. benefits brought about by labor organiza­ STORM OF DISAPPROVAL ALREADY GATHERING Many present-day institutions which tion. That storm of disapproval already is even Republicans accept as a fundamen­ Is that the reason you wish to destroy gathering. At this point I am inserting tal part of the American scene are the the unions? in my remarks an editorial entitled product-and in many instances the re­ LEAVE WELL ENOUGH ALONE "Monkey Wrench and Banana Oil" from cent product--oi labor organizations' If you gentlemen were fair, if you were an independent Chicago newspaper with activities. To name· only a few: Free not drunk with brief power, you would more than a half-million circulation, the public education, universal manhood suf­ Chicago Times-a newspaper with a rep­ frage, the homestead laws, the 8-hour leave well enough alone. If you Will not examine the misdeeds utation for letting the chips hit anybody day, the income tax, workmen's com­ of business, at least you would not wreak in range--which compares the tactics of pensation, safety installations on rail­ your vengeance on the American work­ the Republican Party -:>n 'this omnibus roads, industrial safety appliances, so­ bill with the disruption tactics of the cial security, postal savings, and many ers. Today we have not less than 58,000,000 Communist Party: other noble concepts which we now take MONKEY WRENCH AND BANANA OIL as a matter of course originated with people at work-perhaps as many as 59,- 000,000. That is the greatest number of When the Republicans were campaigning discussions in labor organizations·. for votes last fall, they told one and all that With these reforms labor won real and employed workers in peacetime in all history. With only mitior exceptions, we they were the sole possessors of a magic oil solid benefits of its own. From the days which would make the Nation's industrial of Woodrow Wilson on, progress has have industrial peace throughout the Na­ machine run smoothly. It is beginning to been rapid. The Norris-LaGuardia Act tion. Labor and management are learn­ look now as though the lubrication they had outlawing labor injunctions, the statu­ ing to work out their own problems over in mind was banana oil. tory guaranty of the right to organize the conference table, guided and advised Instead of passing legislation which will and bargain collectively, retirement sys­ by the Federal Conciliation SerVice. take the squeaks and slow-downs out of our tems, wage-and-hour laws, the right to Yet, like the Whigs and Federalists of industrial machinery, the Republican bosses 150 years ago, you would strip labor of are all set to toss a monkey wrench in the picket, the right of laboring men and works and jam it up-. but good. their families to be secure in their all organizational rights, while ignoring The monkey wrench is labeled "Politics." the collusive organizations of industry own homes against assault and violence1 The Republican leadership plans to shove have followed and accompanied social and business, many times bearing such through COngress a drastic Iaber bill. This benefits. deceptive names as institutes and bu­ bill will include moderate legiSlation that reaus and other innocent-sounding titles President Truman has asked for. It also will THIS BILL WOULD SUCK OUT THE SUBSTANCE OF include out-and-out antiunion legislation RIGHTS behind which industries are organized far more authoritatively than any union that is supported only by the far right and This bill, Mr. Speaker, would suck out can ever organize. These industrial or­ is opposed by sincere, serious experts on labor the substance of those hard-won rights, ganizations, however they are styled­ problems. and leave but the bare bones, stripped of The Republican leadership cannot honestly their meat and sinew. whether institutes, trade associations, expect President Truman to approve the "aU­ This bill is hypocritical in the extreme. bureaus, chambers, committees, or what or-nothing" measure. The GOP leadership have you-are effective and tightly con­ cannot expect to be able to pass the measure If you were honest, you would gather trolled. They know what they want and over his veto. That ~ s part of the diabolical, together in this omnibus bill all the other they go after it. Not their conscience, or political plan. rights and benefits for which good Amer­ the public interest, but what they can The Republicans would say if 1'lt:<.r con­ ican blood has been shed-for which good get away with, is the lfmit of their ac­ ditions went from bad to worse: 'We tried American bodies have suffered jail and to pass a labor bill, but the President v~tot"d beatings and death-and strip away free tions. They do not hesitate to spread it. So now we have industrial chaos." schools, the vote, the 8-hour day, the 10- poisoned propaganda to the public in the If the Republicans .vere sincerely trying hour day, too, for that matter, the Rail­ effort to justify their refusal to grant a to improve industrial conditions, they would decent living wage and security to their pass a series of labor bills, each of which road Retirement Act, the Wages and employees. Why do you propose no re­ would be designed to correct defects in our Hours Act-for what was left after the strictions on them? present system. If the President rmouid veto Gwynne bill went through. one or more, those that he approved at jeast You would say, frankly and openly, that INSUFFICIENT TIME TO STUDY BILL would remain to serve their purJK13e. Mr. you wanted to· turn the clock back 150 Even if I had my full youthful health Truman, for example, would approve a bill years. and vigor, I could not come before you forbidding jurisdictional strikes. But he You have taken an almost equally today, Mr. Speaker, claiming to have could not be expected to go along with the right-wing measure to abolish the National brutal course with this bill, which would . studied all the vicious implications. of Labor Relations Board. leave the unions as not much more than this bill. On Washington correspondent explains social clubs where the workers could I could obtain a copy of the bill, with the Republican position this way: "TheRe­ gather and curse the bosses and their its 66 pages, and of the report, contain­ publican leaders decided to risk their entire representatives. You have talked about ing 116 pages, only yesterday morning. labor policy in one omnibus bill." 1947 CONGRESSIONAL RECORD-HOUSE 3417 That•s misleading. The GOP risks notbfng. poration profits and consumer prices are going to have to reduce our proftt margins... In fact, the omnibus · bill doesn't represent far higher . than those used in this edi­ he said. Prafi.ts, "in many industries. in­ any one policy-It represents a mad jumble torial cluding our own. were abnormally high. In of every labor panacea proposed. 194.6. based on consumer sa.Ies.'" STUMBLING TO IJISASTER The real risk 1n the course ~ GOP The hea.d o! thE" worid•s largest depart­ leadership is pursuing is to the Nation's strikes and threats o:f strikes dominated ment store put hfs finger on the most urgent O\"\"'ll weliare. The all-m:-notbing policy so much of the front-page news during the need fn the American economy today--and is out. of harmony with the American spirit past week tbat there was little or no room incidentally on the cause of labor-manage­ of !air compromise. It threatens to sabatoge for baste, official facts piling up about the ment conflict--when he said that lmprond l.udustriai peace in the hope of making Presi­ causes of renewed labor restiveness. efficiency must be t.Yanslated into lower dent Truman look b ad in the upccmlng The facts are simpiJ told and easily di­ prices rather than mto higher profits if we Presidential eJection year. The GOP would gested: are to have continuing prosperity. H igh. then say: ..Only a Republican President can Fact No . 1~ Corporation profits have soared production must be the basis for hfgh wages. bring labor peace:· 34 percent in a single year and are now at OUr economy can be supported only by high Last fall they said· .. Only a Republican the h igh est peak in tbe war cr pe11ce.t1me production and high wages. Congress can legi.slate intelligently en the history of the United States. (Source: om­ J.l.fr. St nms is dead rigbt, of course. and Iabor front.'' clal figures of the U. S. Department. of Ccm­ yet every official figure s.hows we are. now I! Reuublican l.eaders continue on the merce.) pursuing the reverse course. course. w~ch aiarms many vet eran reportenr Fact. No. 2.: Prices 101" consumers duting that same year have soared 19 percent. BJLL DE'NlES ORGANJZATJONAL JUGHTS TO of events in Wasbington, they wm be no lJet­ a.soo.ooo WORKERS ter morany than the Communists whose (Source: Ofii.cfa:f figures or the U.S. Depart­ strategy also calls ror industrial chaos ln. ment of Commerce.} It i:s not enough, Mr. Speaker. that order to bring about political revolution.. Pact No. 3 ~ Wages for Jaoor adwnced only this bilJ undertakes to repeal or nuUify 14 percent during the same year-and ln. or emasculate the National Labor Rela­ DR. NOURSB WARNS OF FUTURE D&NGEa some fields much less or not at all. (Source: 01ficlal figures of the U. S. Department of tions Act, the Norris-LaGuardia Act, and And here. Mr. Speaker, is part of an union protection lHlder the Clayton arti.c!e which reports on the statements Labo:r'& Jrureau of Labor Statistics.) Fact No. 4: Savings oi American mdivid­ Act-this bill undertakes to prohibit attributed to Dr. EdWin G. Nourse. chair­ ua!s during the same year have: dropped to unionization of three and a balf million man o! the Economic Counsel. the bady the lowest level since 19U and to half the workers. and to deprive them of their which we charged with the task of study­ amount saved fn 1945. (Source~ Offi.cfaJ fig­ constitutional rights, of their implicit ures of the U. S. Secnrlties and Exchange ing and reporting on eoonomie cor::di­ right of assoc.ia tion. oi their right to tions. and of recommending appropriate Commission.) The whole story 1B right there. American seek security and a more abundant w~ actions when we passed the fun-employ­ of life. the recent meeting. labor. at the peak of its productiVit y. :On.ds ment bill at Cabinet more and more o.t the wealt h it creates going I am referring to the provisions in Bear in mind that Dr. Naurse is no rad­ QUt into profits. Mea.nwbUe. its own cost of this bill that woul deny to supervisory ical, no demagog. no alarmist. His ap­ staying alive fs shooting skyward. At the employees peaceful machinery for set­ pointment brought tmiversal approba­ at! from its same time ft is being ent ftnancfal tling their problems with their employer~ and. psychological anchor-security In tbe tion. It seems to me that a more compre­ D&.. NOURSE."& W ABNING form of savings. Let.'a retrace a. bit. Department of Com­ hensive study should be made of the 1. Prices have increased about 70 percent merce figures for 1946'. now assembled for terms and conditions of employment of on ail commodities since last .July I. Food­ tbe first time, show an all-time hfgh fn supervisory employees to determine stuffs have gone up about 80 percent. raw profits of $12,000,000,000, aner taxes · have 55 whether or not they are justified in tbeir materJals about percent on an average. been paid. Thus tar In 1947 profits are pil­ 2. In some fields, wholesalers and retall£'1"11 demands that the run protection and ing up even faster. at the rate of •15.000.• benefits of the National Labor Relations are pricing themselves out of the market. ooo.ooo a, year alter taxes. -"''b.e demand for certain goods-clothing, Now let's have a look. at the cmclal ftgures Act applies to them. For example. how women's apparel, and shoes-has dropped en the prices the a;werage consumer pa.ys. many of us know how many cases have to the danger pomt. Even ln llnes re.cently In the 9 months since OPA controls have been presented to the National L~bor scarce, such as radios,· refrige.ra.t.ors. and been abolished, food and fann products sky­ Relations Board by foremen wbo have higher-priced automobiles. Nourse reported, rocketed 48 percent on the wholesale level, been discrimJnated against by their em­ demand is gofng way down. wblle other commodities jumped 4.4 percen"t. ployer? Does the Labor Committee have 3. While prlces have Increased, consumers' "l.'ranssat.ed on tbe retan level, where the full knowledge of such pertinent infor­ wages have dropped. Tb!s disturbed Nourse average consumer must. buy. the figures greatly. Secretary of the Interior Kmg and mation before considering tb1s Iegis:­ show that meat bounced up 46..8 percent in la.tion? Secretary of Commerce Harriman bacl~ed him those 9 months. But~ and other fats and up regardl.ug this. o!Is went up 59.3 percent. d airy products 24 We are an aware that foremen are The figures used by Nourse !or h1s con­ percent, and clotbfng 20 percent. organizing into unions for their own clusions &bow that wages dropped about Labor is striking or threatening to strike, mutual aid and protection. We are also $5,500,000,000 between the first quarter af because profits have gone up 34 percent, aware tha.t employers are vigorously 1945 and the last quarter of 1946. prices 19 percent, and wages only 14 percent. proteSting lawful protection of super­ However, whfle wages drOpped In 1945, It's as simple as that. especially lf ycu de­ visory employees' rights on the grounds profits soared. During 1945 net corporate frost these cold. figures and try to see them profits were ~.000,000,000. In 1946. with as they leave their impact on the dally liv­ that. foremen are management. and as wages dropping. profits climbed to $12,000.- ing of the average American ramlly. such cannot have a dual allegiance. It 000,000. However, that was only part ot the It must be clear to every thoughtful seems to me that this matter has been story. During the last quarter ot 1946 pmfits American that we will be stmnbJfng our way given very thorough and serious study, were mounting at the rate of $14,900.000,000 Into a major disaster Jt tbe present. trends not only by the National Labor Relations for the year. and during the first quarter of are continued. Fortunately there- ta &ame Board. but by the Supreme Court of the tbJ.s year they increased at an even higher hope that tlle more tar-sighted leaders of United states. Just recently our highest rate. business and industey are beginning to spot tribunal that During tbls same period wages were tum­ the booby traps alcng the couxse on which decided supervisory em­ bUng ftom a 1945 high of $11l,COO.ooo.ooo to they are embarked.. · The Foro Motor Co. ployees are deftnitely entitled to the $106.000,000,000 in 1946--and still going down has announced a cut in prices. The Chrys­ benefits and protection oi law. Ca.n we. in 194'7. Tbat was why Mr. Truman made bis ler Corp. followed suit Witb an announce­ therefore, cast aside their rights? I be­ statement. the day after the Cabinet meeting ment last week that It Is gomg to reduce the Deve that If I were employed in a super­ that H prices don't come down. wages must . cost on Plymoutbs- visory capacity by any employer who go up. ' Perbaps even more stgnlftcant were tbe dealt. unfairly with me that I, t.oo •.would ARB WE "&TUJ4BI.lNG ro DlSASnB"l" statements of two outstanding business.­ seek the prolecti.on from the Ccngress men, one a manufacturer, the other a mer­ I insert also an editorial from the Pro­ chant. Said Don G. Mitchell, president of · of the United States that is oft:ered to gressive entitled "Stumbling to Disas­ the Sylvania Electric Products, Inc.: •-roo all workers.. After an. foremen are ter... This newspaper is owned and pub­ large a segment of lnd.ustry Is still wffiiDg workers too. And. can we therefore de­ lished by a Republican. I hope that all to make as much a.a you can while you can. prive a large segment of our working Republicans will take special note of the a policy tba.t can read only tc disas.ter.." population of the same rights that we editorial. in Jack Straus. president or R.. H. Macy & offer to. the rest? Let me say introducing it Co .• New York. bought taU-page advertising tbat. even though it comes from the most -space to warn consumers against buying Jn­ :I'08ElOll SHOULD BE ALLOWED UlllOIIA . recent issue. some of the figures on price d.lscrlminatelJ. to plead for lower prices,._IIJid I say that foremen should be per­ increases already are obsolete. Both cor­ to advocate a slash 1D profits. "We are all mitted to have their own organization XCIII--216 3418 CONGRESSIONAL RECORD-HOUSE APRIL 15 for their own mutual aid and protection. problem, so that we can act with justi­ ganizations will not be able to deliver That they are seeking such protection fication based upon facts. the farm vote to you. through organization cannot be denied; REPUBLICANS HAVE VOTES TO ADOPT RULE AND Farmers are shrewd and understand­ for in the past several years thousands PASS BILL ing. They, too, can read their magazines of them have banded together in an Mr. Speaker, I fully realize that you and newspapers-and the CoNGRESSIONAL effort to establish equitable conditions have the votes in the House necessary RECORD. of employment for themselves. to adopt this rule and to force through They will remember then that it was The history of labor in our country this drastic and ill-considered bill, even under a Democratic President and a has established a clear and concise rec­ to the extent of being able to defeat every Democratic Congress that they were res­ ord of supervisory employees participat­ amendment designed to mitigate its harsh cued from the Republican-made Hoover ing in union activities in many of our and unwarranted provisions. depression; they will remember that it great industries. For example, building Nevertheless, I am satisfied that if the was the "despised New Deal" which trades, typographical, maritime, and Republican membership were free to act brought to them the highest prices in our great railroad industry have always according to conscience and not bound history, and the highest spread between recognized the right of supervisors to by the action of your party caucus and what they can sell their products for, have their own union and bargain col­ the whip of the powerful and short­ and what they have to pay out. They lectively. Why then should we deny to sighted interests behind this bill, many will remember that it was the Demo­ others the same privilege and right that would reject this extremely harsh and cratic administrations under Wilson and we have recognized and granted for the unfortunate bill which soon will be stuffed Roosevelt which pulled them out of de­ past 50 years to the supervisors in the down the throats of the Members of this spair and hopelessness, and enacted industries I just mentioned? House. beneficial laws to enable them to save CONGRESS INTENDED TO PRESERVE THIS RIGHT I feel sure that when the votes are their soil, to save on interest, to save There has been much debate on the cast there will not be a single Repub­ their homes and their means of making question of whether or not Congress in­ lican vote against this rule, and that the · a living. They will come to realize-as tended to include supervisory employees Republican vote for the bill will be very labor already realizes-that selfish forces in the provisions of the National Labor nearly unanimous. Of course, they will of black reaction lie behind this bill, in­ Relations Act providing for employee­ be joined by some gentlemen from this spired only by greed and profit. rights. It seems to me. that the father side who are unfriendly to labor, who Mr. Speaker, it seems to me that those of the act, Senator ROBERT WAGNER, in have no organized labor in their dis­ on the Republican side have neither eyes his debate on the floor·of the Senate last tricts, and who will be swayed by the to see nor ears to hear nor hearts to year set forth clearly his intentions in high-pressure and dishonest campaign understand what has taken place in the offering to foremen the same benefits carried on for many, many years against minds of the American people; but re­ organized labor, and whipped up to a member, when election time comes again, and protection offered to other workers, new and degrading fever in recent when he said-and I quote: it will be your funeral, not mine. I feel months. that this legislation, aiming to cripple Mr. President, I understand that the ques­ SPmiT OF LABOR CANNOT BE THUS BROKEN labor and destroy business, will not be tion with which we are dealing is now pend­ ing in court. I believe that the subject But notwithstanding· that you will, by enacted because the American people about which we are asked to legislate is the passing this bill, wreak your long-nour­ will not stand for it and will not approve very subject over which we fought several ished vengeance against the American of it. years ago. The issue then was, shall the workingman and his family, and thus Mr. HOFFMAN. Mr. Speaker, will workers have the right to organize and bar­ express your contempt for the democratic the gentleman yield? gain collectively? Foremen are also workers. Mr. SABATH. No; I canaot yield. What we are now being asked to say to the processes on which the American way of life is soundly founded, I now prophesy Mr. HOFFMAN. Could you not an­ foremen is, "No; you may not organize. If swer one question? your employer does not want you to have a that you will not break the spirit of union, you may not organize." As I have American labor. The SPEAKER. The gentleman de­ said, we fought over that issue some years To the contrary, I predict that by this clines to yield. ago when the so-called Wagner Act was first senseless action you will give American Mr. SABATH. Mr. Speaker, I reserve before the Congress. Supervisors are not a htbor new inspiration to renew the age­ the balance of my time and I now yield part of management; but it is now proposed long fight for justice and equality and 7 minutes to the gen'tleman from New to say to them, "You may not ·be protected York [Mr. MARCANTONIO]. under the so-called Wagner Act. because you freedom; to work together in harmonious are foremen. You are not ordfrl.ary workers. cooperation to preserve their self-re­ Mr. MARCANTONIO. Mr. Speaker, I You may not have anything t o say about spect; and to expand their membership rise in opposition to the rule because I your wages. You have no right to bargain and their influence as the unorganized am opposed to the consideration of this collectively." We fought out tha.t very issue majority of workers begin to realize more legislation. I think that any person who back in 1933, and we thought it was settled. fully their lack of protection against un­ believes in collective bargaining must The employer said to the employee, "No; you just and vengeful attacks on their eco­ acknowledge the fact that there cannot may not belong to a union." We were com­ be any collective bargaining without pelled to enact legislation so as to permit nomic and political rights. the workers to organize. Mr. Speaker, they will be fighting for some sort of equality on both sides. The their very existence. They will be fight­ only people who do not sincerely believe Continuing, Senator WAGNER said: ing to prevent their being forced back in collective bargaining, both in business Senators may do as they please, but if into medieval serfdom, into the slavery and outside of business, are those who they vote for the amendment they will say of working 10 and 12 hours a day for a would establish some form of Fascist to many foremen and supervisors, "No; you pittance of a dollar a day; into the hor­ control of labor in these United States. have no legal protection. You have no right I believe the average businessman, the to bargain collectively. You have no right rors of the sweatshop, where women to carry on collective bargaining with your worked long hours for 75 cents a day, and person who has at heart the welfare of employer with reference to what your wages, children of tender age worked by their the country and believes in the advance­ hours or anything else shall be." Senators, sides for 25 cents a day. ment of its economy, absolutely adheres if we do that I say that we are returning All workers, organized and unorgan­ to the proposition that you cannot have to the old days. ized, will be forced to the realization that industrial relationship· conducive to the I am particularly opposed to the pro­ you are legislating in the interest of those welfare of the Nation without collective who have, against those who have not. bargaining. A study of the history of visions of this bill that will deny to su­ collective bargaining and how it came pervisory employees lawful protection in DESTROYING FARM PROSPERITY about demonstrates conclusively that their efforts to secure wages and terms You are destroying the farmers' mar­ only as equality for labor is established and conditions of employment that are kets for their high-priced foodstuffs. can collective bargaining become a re­ fair. I feel that we will err in passing When the crash c·omes-and if this bill ality. The history of labor is a story of upon this matter of such importance to becomes law the crash will come as surely struggle by the American worker to 3,500,000 workers at this time, and there­ as night follows day, and winter follows achieve equality through unionization fore recommend that a more compre- summer and the moon follows the sun­ and that whatever equality he has been . hensive study be made of this particular the leaders of rich and ·arrogant farm or- able to obtain in his relationship with 1947 CONGRESSIONAL RECORD-HOUSE 3419 industry has been obtained only after you now seek to destroy have been and legislation and they support it from A to years of struggle, struggle of the most are their best guarantee and bill of rights Z in order to continue.to deprive Ameri­ excruciating kind. Labor has been sub­ for freedom and economic security. cans of their share of the peace. jected t.o the worst kind of exploitation. The whole philosophy of industrial re­ May I say to the gentleman from Illi­ The only way the Vlorkers could protect lationship based on equality of bargain­ nois who asked about gentlemen on this themselves in some measure against it ing is destroyed by this legislation. You side a while ago, that the gentleman from was to organize and form unions. That say that you are going to do this to get Illinois cannot point eut a single oppo­ is, unions free from company control. rid of the Communists in the unions, to nent of this bill among the big trusts that In the beginning it was craft unions. get rid of the racketeers. Let us see have been profiteering and racketeer­ Then, to achieve more effective unity, Under the guise of fighting communism ing-whalesale racketeering, that is what industrial unionization was attempted you are with this legislation advancing it amounts to--the worst kind of racket­ and carried out by the CIO. fascism on American labor. That is just eering, increasing the cost of Jiving at Now, what does this legislation do? what you are doing, and again, you can- the expense of the American consumers. This legislation wipes out whatever not get away from it. , Did anyone of them ever come out strength organized labor acquired to Now about this talk of racketeering,let against this kind of legislation? No. bring about equality in bargaining. Any us see who are the real racketeers. When They have paid out millions of dollars to honest analysis of the bill will demon­ we consider the spiraling in prices, the put in advertisments supporting it. They strate that to be correct. It wipes out spiraling of the cost of living which has have issued tons of literature for it. completely any semblance of equality on increased 50 percent since last June, They have their radio commentators, the part of labor in bargaining with in­ we find that the real racketeers are the columnists, and the press busily engaged dustry. It destroys completely the bar­ gentlemen who asked for free enterprise smearing labor. All of them have been gaining power of organized labor to sit in order to raise prices. By free enter­ drumming the war drums against the down at the table with the employers and prise they meant freedom to charge men and women of ·America whose only seek redress against exploitation. You whatever prices they pleased and to pay crime has been to try to obtain for them­ cannot bargain unless you have power. whatever wages they wanted to pay. selves and their families a decent stand­ Labor cannot have power except through That is the kind of free enterprise which ard of 1i ving. unionization. Union activities such as was urged by these gentlemen upon the Mr. HUGH D. SCOTT, JR. Mr. have been laid down in the Wagner Act, United States in the last election; and Speaker, will the gentleman yield? protected by the Norris-LaGuardia Act, these same people who · used the cry of Mr. MARCANTONIO. I yield to the put on the statutes, for the sole purpose free enterprise and who are now taking gentleman from Pennsylvania. of granting to American workePs who out of the pockets of the American con­ Mr. HUGH D. SCOTT, JR. I want to are organized, equality in bargaining­ sumers millions and millions of dollars pay tribute to the gentleman as an ex­ all that is being wiped out by this legis­ are behind this legislation. They are pert on what constitutes racketeering. lation. Distort the truth as much as you the real racketeers. They made billions Mr. MARCANTONIO. The gentleman can but you cannot get away from that. and billions of dollars in wartime. Now is a much better expert on that than I am. What is your justification for this legis­ these are the men who are destroying Mr. HUGH D. SCOTT, JR. No. lation? Oh, you say you are going to the purchasing power of the American Mr. MARCANTONIO. As a matter of give certain rights, a new bill of rights people and seek to destroy the rights of fact. I think the gentleman qualifies em­ to the American worker. What are you American workers. They are the real inently as an expert on that subject. giving him? What are those rights? racketeers. Mr. HUGH D. SCOTT, JR. The gen­ You are shearing him of his strength, The SPEAKER. The time of the gen­ tleman knows what a racketeer is, and strength which exists only because of tleman from New York has expired. in his own district, too. unionization, unity on the part of the Mr. SABATH. Mr. Chairman, I yield Mr. MARCANTONIO. My district is workers protecting him 'against yellow­ tbe gentleman two additional minutes. just as good, if not better, than the dog contracts, company unions, low Mr. ALLEN of Dlinois. If the gentle­ gentleman's district and I am mighty wages, long hours, and indecent working man will yield to me, I will yield him two proud of my district. My district is a conditions. You are taking that protec­ additional minutes. district of homes, schools, churches, and tion away from him and thus you leave Mr. MARCANTONIO. Certainly I workers whose people gave their sons for him completely at the mercy of the big yield to the gentleman. freedom but do not go around bragging monopolies of this country. So you are The SPEAKER. The gentleman from about · it. You cannot meet 'the issues giving him the right to do what? To be­ New York is recognized for four addi­ and you drag out a red herring. come once again a wage slave. You are tional minutes. Mr. HUQH D. SCOTT, JR. I will giving him the right to be free, freeing Mr. ALLEN of Dlinois. I am not great­ identify the red herring, too. him from unionization, freeing him from ly surprised that the gentleman from Mr. MARCANTONIO. Mr. Speaker, I his hard-earned protection, freeing him New York is opposed to this bill, but I will decline to yield further. The gentleman from his union, his only defense against be greatly surprised if the great majority cannot identify anything. I, however, exploitation. You are making him free of my good friends on that side of the have identified the real racketeers and to be exploited. You are making him aisle oppose it, inasmuch as President it is obvious that the gentleman is very free to be forced to work for lower wages. Truman himself said that something sensitive over it. I repeat, you are draw­ You are making him free to be forced to must be done; that we must have some ing a red herring in order to es:cape from work long hours. You are making him labor bill. the real consequences that this bill im­ free and impotent to defend himself Mr. MARCANTONIO. Mr. Speaker, poses on the working people of this coun­ against any attempt by industry to sub­ may I say to the gentleman from Dlinois try. You are parroting the same tactics ject him to the same working conditions that I opposed the President's proposal that are employed by the National Asso­ that existed in these United States 75 at the time he came here during the rail­ ciation of Manufacturers. years ago. You are giving him tpe free­ road strike. But that is neither here nor I would like to know how much col­ dom to become enslrwed to a system that there. Let us judge this legislation by laboration the authors of this legislation has been repudiated in the past not only just what it is. · have received from the attorneys of the by Democrats but also by outstanding As I was saying, these big monopolies National Association of Manufacturers progressive-minded Republicans. You that have been taking millions and mil­ and the so-called experts employed by are giving him freedom to be subjected lions of dollars out of the pockets of the that organization, all enemies not only to the injunction,. to the yellow-dog con­ American consumers are the ones who of labor but as a result of their practices, tract, to company unions, to the vilest want this legislation. They are the ones their racketeering practices, real enemies form of exploitation. In the name of who· today make it impossible for labor of the economy of these United States. freedom and a new bill of rights you to bargain. They are the ones who are This legislation is a part of a pattern. destroy his rights, his unions, his today adamant in their refusal to negoti­ It is part of the pattern of boom, bust, strength, and his real freedom. You ate agreements on wages and hours and and war, and in the face of tllat condition may pass this legislation, but you wm not refuse to give the American worker a which you have been creating your only fool American wage earners. They know wage with which he can keep up with the answer is Fascist labor legislation. Send that their union and their rights that increasing cost of living. They want th1s to the Library for the Fascist syndicate 3420 . CONGRESSIONAL-RECORD-HOUSE APRIL 15 laws enacted by Mussolini after he came question of which labor union ts entitled of organized labor, and that the hear­ into power; compare those laws with to perform a particular task. When rival ings were very extensive. unions are unable to settle such disputes Mr. SABATH. Mr. Speaker, I yield 3 what you are enacting here, and the sim­ themselves, provision must be made for ilarity is striking, the similarity is such peaceful and binding determination of the minutes to the gentleman from New York that it is sufficient to frighten anyone issues. [Mr. KLEIN]. in America who believes in American de­ A second unjustifiable practice is the sec­ Mr. KLEIN. Mr.. Speaker, I am op­ mocracy. ondary boycott, when used to further juris­ posed to the present consideration of this Tbe SPEAKER. The time of the gen­ dictional disputes or to compel employers bill, and I think I can answer the dis­ tleman has again expired. to violate the National Labor Relations Act. tinguished gentleman, the chairman of Mr. SABATH. Mr. Speaker, I yield the committee, in this way: As a mem­ the gentleman one additional minute. A third practice that should be corrected ber of the Committee on Labor, I can is the use of economic force, by either labor definitely state that we have not ade­ Mr. MARCANTONIO. Mr. Speaker, or management, to decide issues arising out in conclusion I want to say that with this of th.e interpretation of existing contracts. quately studied this problem of labor­ legislation we are marching, as. Philip management relations. Certainly, hear­ Murray correctly stated, toward fascism. That is the President of the United ings were held, but this bill was being You cannot have a free America without States saying we need some labor legis­ written-and I will tell you in a minute free labor unions; you cannot have free lation. The gentleman from New York by whom-while these hearings were labor unions when you deprive the obviously will vote against this rule. He held; and, in fact, it was begun before American labor unions of their funda­ does not even want to consider any labor the hearings were started. The chair­ mental rights. You cannot have free legislation. man of our committee-and I have great labor unions when you deprive the Amer­ Mr. KENNEDY. Mr. Speaker, willthe respect for him and high regard-stated ican labor unions of their power to bar­ gentleman yield? • publicly during the course of these hear­ gain collectively. You cannot have free Mr. ALLEN of Illinois. I yield to the ings that the bill was being prepared, and labor unions when you destroy the gentleman from Massachusetts. explained at that time, in the early stages strength of free labor unions to obtain Mr. KENNEDY. The President in his of the hearings, just what the bill would equality in bargaining. That is what message also stated, and I quote: contain. President Truman's suggestion you are doing with this legislation. You We must not, under the stress of emotion, that a committee should be appointed think you are going to get votes by it, endanger our American freedoms by taking to fully.study the problem is an excellent you may think you will sweep an election ill-considered action which will lead to re­ one and should be followed. by it, but I tell you that the day is not sults not anticipated or desired. · Mr. Speaker, some monopolistic cor­ far off in these United States when the Mr. HALLECK. Mr. Speaker, will the porations are trying to get the American American people will recognize the pat­ gentleman yield? · people to believe-that labor has become a tern of boom, bust, and war th9.t you are Mr. ALLEN of Illinois. I yield to the monopoly, and therefore is threatening trying to put over on them under the gentleman from Indiana. the country. They are really trying, and guise of fighting so-called communism, Mr. HALLECK. I want to commend trying desperately, to disguise what the Senate Small Business Committee calls and so-called racketeers. You are put­ the chairma~ of the Committee on Rules ting over fascism in these United States and his associates for bringing this pro­ the alarming growth of monopolies in and again you cannct ge·" away from that posal before the House under an open business. no matter how gross the distortion, no rule. I know that some people said be­ In the auto industry, the great symbol matter how big the lie. fore that rule was granted that it was of American enterprise, of 1,200 com-. The SPEAKER. The time of the gen­ proposed to bring the measure before panies that have been in business, only 12 tleman from New York has again expired. the House with a closed rule that would r_emain. Of these 12, 3-Ford, Chrysler, Mr. ALLEN of Illinois. Mr. Speaker, prohibit amendment. However, is this and GM-do 90 percent of the business. I yield myself such time as I may require. not the situation? Under the rule pres­ These three control the policies of the Mr. Speaker, I mentioned a moment ently before us and which will shortly entire industry. ago that I was not surprised that my be adopted, amendments are in order so The Secretary of Commerce said in good friend from New York [Mr. MARC­ long as they are germane. It is in order June of 1946: ANTONIO l is opposed to this rule. As I for the House, sitting in the Committee Since VJ-day there has been a sharp in­ stated previously, this rule is an open of the Whole, to take such action as it crease in corporate mergers and acquisition one. It provides that the majority Mem­ deems proper in respect to this bill. The of small firms by larger ones. bers of this body, together with the mi­ House can act as it sees fit on any of Who coined this slogan "labor monop­ nority, can pass such labor legislation these provisions. So the issue that will olies"? It was coined by John W. Sco­ as they desire. I bring to the gentle­ come on the vote on the rule simply is, ville, formerly with the Chrysler Corp., man's attention that on January 6, in Shall we proceed to the consideration of now with the Committee for Constitu­ the President's message to Congress in legislation having to do with labor­ tional Gover1.1ment. This committee, regard to labor, he mentions certain la­ management relations-legislation, I financed by Pew, du Pont, and other bor-management problems, and I quote: may say, overwhelmingly demanded by NAM leaders, brags that the slogan was Certain labor-management problems need a majority of the people of this country adopted as part of a careful plan against attention at once and certain others, by rea­ and, as the gentleman from Illinois has unions: son of their complexity, need exhaustive in­ vestigation and study. just pointed out, even suggested, in part Our first step was to coin a slogan, as we We should enact legislation to correct cer­ at least, by the President of the United had coined "court packing," "purge," "one­ tain abuses and to provide additional gov­ States? man rule," each of which swept across the ernmental assistance in bargaining. But we Mr. KELLEY. Mr. Speaker, will the country and led to victory over public should also concern ourselves with the basic gentleman yield? menaces. causes of labor-management difficulties. Mr. ALLEN of Illinois. I yield to the The committee's new slogan is "labor In the light of these considerations, I pro­ gentleman from Pennsylvania. monopolies," which was projected into pose to you and urge your cooperation in effecting the following four-point program Mr. KELLEY. Yes, but the gentleman the title selected for John Scoville's book. to reduce industrial strife: forgot to say that the President asked for Copies of the book, Labor Monopolies, Point No. 1 is the early enactment of legis­ a commission, representatives of both were sent to all Members of Congress lation to prevent certain unjustifiable prac­ Houses and the public, to make a long, with an offer for 100 free copies to dis­ tices. extensive research and study, which has tribute to their constituents. It was First, under this point, are jurisdictional not been given by this Congress up to mailed to public officials in every State. strikes. In such strikes the public and the now. Even this bill before us has been The CCG propaganda uses the big lie employer are innocent bystanders who are the subject only of a very inadequate injured by a col11sion between rival unions. to cover the fact that free competitive This type of dispute hurts production, in­ study. enterprise is rapidly becoming a thing dustry, and the public-and labor itself. I Mr. ALLEN of Illinois. I understand of the pP.st. Small business is being consider jurisdictional strikes indefensible. the Labor Committee, for at least 6 squeezed out. Profits are higher than • • • • • weeks, from early morning until late at ever before, and going up-wages are Another form of lnterunton d~sagreement night, has been holding hearings, and going down. Prices continue to rise. is the jurisdictional strike involving the that they brought before them leaders Rent control is being killed. The Amer- lg:47 CONGRESSIONAL RECORD--HOUS-E 3421 lean worker's standard of living is seri­ considering legislation to deal with labor Burke Harness, Ind. Norman ously threatened. problems. The record is clear as to why Burleson Harris Norrell Busbey Harrison O'Hara This is a threat to ·our American way we have this problem on our doorstep yet. Butler Hartley O'Konski of life. Our unions stand as the strong­ It is because the bill which the Congress Byrnes, Wis. - Hays Owens est bulwark for economic and political passed last year was vetoed and the prob­ Camp Hebert Pace Canfield Hendricks P assman democracy because, without strong un­ lem was not met. Cannon Herter Patterson ions, our economy will collgpse, through Behind the action that the Congress Carson Heselton Peden further drops in wages and purchasing Case, N.J. Hess Peterson took last year you had a record of the Case, S. Dak. Hill · Phillips, Calif. power. After World War I, the same President of the United States calling Chadwick Hinshaw Phillips, Tenn. lopsided picture took shape. The unions for legislation back in the fall of 1945. Chapman Hobbs P ickett were weakened, and we went into a severe The President called a labor-manage­ Chelf Hoeven P !oeser Chenoweth Hoffman Potts depression. ment conference here in Washington. Chiperfield Holmes Preston The present drive against labor does The Members of the House were told, · Church Hope Price, Fla. not represent the wishes or thinking of "Do not press for legislation until this Clason Horan Priest Clements Howell Ramey many Members of Congress, including voluntary conference has had an oppor­ Clevenger Jackson, Calif. R':l.nkin certain members of the House Labor tunity to show what it can work out." Coffin Jarman Redden Committee. The President came before the Con­ Cole, Kans. Jenison Reed, Ill. Cole, Mo. Jenkins, Ohio Reed, N.Y. The new House labor bill was not writ­ gress with a special message on the 3d Cole, N. Y. Jenkins. Pa. Rees ten with the help of the .Democratic of December in 1945 and told us that Cooper Jensen Reeves members of the committee. In fact, they the objectives of the conference had not Corbett Johnson, Calif. Rich • Cotton Johnson, Ill. R!chards were not consulted and no full committee been reached, and he asked the Congress Courtney Johnson, Ind. Riehlman meetings were held to discuss it. The bill to pass legislation. .He made three spe­ Cox Johnson, Okla. Riley was actually written with the help of cific recommendations. That matter was Cravens Jones, Ala. Rivers Crow Jones. Ohio Robertson several industry representatives and some considered by the committees of the two Cunningham Jones, Wash. Robsion lawyers from the National Association of Houses. We had not taken action at Curtis Jonkman Rockwell Manufacturers and the United States Christmas time. The President went be- Dague Kean Rogers, Fla. D'Alesandro Kearney Rogers, Mass. Chamber of Commerce. Some of the . fore the country on the radio on the 3d Davis, Ga. Kearns Rohrbough most valuable assistance came from Wil­ of January 1946 and said to the people Davis •. Tenn. Keating Ross liam Ingles. who re:Ports a. $24,000 annual of the country, "You want action. While Deane Keefe Russell · Devitt Kerr Sadlak salary as a lobbyist. . . the Members of Congress are home on D'Ewart Kersten, Wis. St. George Ingles represents Allis-Chalmers Co., their vacation, tell them what you want Dingell Kilburn Sanborn Fruehauf Trailer Co., J. L Cas:e Co .• the is some action on this, and, if they do Dirksen Kilday Sarbacher Falk Corp., and Inland Steel Co. These Dolliver Knutson Sasscer not like my recommendations. to write Domengeaux Kunkel Schwabe, Mo. are not the only antiunion companies their own bill . ., Tfie Congress pro­ · Dondero Landis Schwabe. Okla. that are helping out the Labor Commit­ ceeded to write its bill and we passed it, Dorn Lanham Scott. tee. Patrioteer·Theodore R. Iserman put Doughton Larcade Hugh D., Jr. and then the President did not like that, Drewry Latham Scrivner aside his rich Chrysler law practice for and vetoed the bill. Durham Lea Seely-Brown two full weeks to help out the House Someone talks about free labor. The Elliott LeComp.te Sh&fer committee. · Ellls LeFevre Sheppard President came here in one of those crises Ellsworth Lemke Sikes Another volunteer in the antilabor which arose because we do not have any Elsaesser Lewis Simpson,m. cause is Jerry Morgan. whose law offices machinery to meet that kind of a sit­ Elston Lodge Smathers in Washington serve a variety of big Engel, Mich. Love Smith. Kans. uation and asked for the drafting of Engle, Calif. Lucas Smith.Obio corporations. . labor in the railway strike. Is that free­ Evins Lyle Smith, Wis. This group of high-priced lawyers dom for labor? · Fellows McConnell Springer quietly worked up the most vicio).ls bill Fenton McCowen St efan These crises came back to face us .and Fernandez McDonough stevenson yet produced. The Democratic members to plague the country as they are now Fisher McD:>well St igler were igLored. For 2 weeks no committee in the telephone strike, because Congress Flannagan McGarvey stratton meeting was called. has not. met the problem, or, if we did Fletcher McGregor SUndstrom Folger McMillan, S. C. Taber Then the threatened telephone strike meet it, then the President was not ready Foot e McMillen, Ill. Taylor was announced. The distinguished to go along with us. Forand MacKinnon Teague chairman of the Labor Committee, the This is our opportunity today to con­ Gallagher , .1l/Iacy Thomas, N.J. HART­ Gamble Mahon Thomas, Tex. gentleman from New Jersey [Mr. sider comprehensive legislation under an Gary Maloney Thomason LEY), called the reporters. He said, in open rule that will permit any germane Gathings Manasco Tibbett effect, a majority of the committee had amendment. Gavin Martin, Iowa Towe approved a bill to stop the telephone Gearhart Mason Trimble Of course, this rule should be adopted Gillette Mathews Twyman strike. He added that if the strike were ·by an overwhelining vote. Gillie Meade, Ky. VanZandt called off the bill would not be pushed. Mr. ALLEN of Illinois. Mr. Speaker, Goff Meade.Md. Vinson The Hartley bill to br eak the telephone Gore Meyer Vursell I move the previous question. Gossett Michener . .Wadsworth strike is based on Mr. HARTLEY's desire "to The previous ·question was ordered. Graham Miller, Conn. Walter protect the public healt h, safety, and in• The SPEAKER. The queation is on Granger Miller. Md. We!chel terest," but the gentleman from New Grant, Ind. Miller. Nebr. West the resolution. Gregory MlliS Wheeler Jersey £Mr. HA.RTLEYl and his Republican Mr. AlLEN of Tilinois. Mr. Speaker, Griffiths Mitchell Whitten colleagues voted to wipe out the only on that I demand the yeas and nays. Gross Monroney Whittington Federal agency dealing with safety-the Gwinn, N.Y. Morris Wigglesworth The yeas and nays were ordered. Gwynne, Iowa Morrison Williams Bureau of Labor Standards. They The question was taken; and there Hagen Morton Wilson, Ind. fought every health bill, and most of were--yeas 319, nays 47, not voting 66, Hale Muhlenberg Wilson, Tex. them even fought the school-lunch pro­ Hall, Murdock Winstead as follows: Leonard W. Murray. Tenn. Wolcott g"am. To show how far this thinking [Roll .l'lO. 33) Halleck Murray, Wis. Wolverton can go, the gentleman from New Jersey YEA8-319 Hand Nixon Youngblood [Mr. ~!ARTLEY] cited a strike of magazine Hardy Nodar Zimmerman Abernethy Arnold Boggs, La. Harless, Ariz. Norblad bindery workers which could be stopped Albert Auchincloss Bolton by tl:le same bill because the strike af­ Allen, Calif. Bakewell Bonner NAYs-47 fect'ed communications, which are, of Allen, Ill. Banta Boykin Allen, La. Barden Bradley, caltf. Blatnik Fulton Kelley course, vital to public safety. Almond Barrett Bradley, Mich. Buchanan Gordon Kennedy Mr. ALLEN of Ulinois. Mr. Speaker, 1 Andersen, Bates, Mass. Bramblett Carroll . Gorski Kin g 3 H. Carl Beall Brehm Celler Havenner Kirwan yield minutes to the gentleman from Anderson, Calif. BeckWorth Brooks Crosser Hedrick Klein south Dakota [Mr. CASE.]. Andresen, Bell Brown, Ga. Delaney Heffernan Lane Mr. CASE of. South Dakota. Mr. August H. Bennett, Mich. Brown, Ohio Donohue Holifield Lesinski AntU'ews, Ala.. Bennett, Mo. Bryson Douglas Huber McCormack Speaker, there is only one issue involved Andrews, N.Y. Bishop Buck Eberharter Jackson, Wash. Madden in the vote on this rule, and that is sim­ Angell Blackney Bu1fett Fetghan Karsten, Mo. Mansfield, ply whether or not the Members favor Arends Boggs, Del. Bulwlnkle Fogarty Kee Mont: 3422 ·coNGRESSIONAL RECORD-HOUSE APRIL 15 Marcantonio O'Toole Rabin supersede the present provisions of law Weapons and implements of war are Miller, Calif. Pfeifer Sabath in section 12 of the Neutrality Act of material weights in the balances of Morgan Philbin Sadowski Norton Powell Somers November 4, 1939. For the reasons out­ peace or war and we should not be legally O'Brien Price, Dl. Welch lined below it is believed that the Con­ bound to be indiscriminate in how they NOT VOTING-66 gress will agree that this section of the are placed in the scales. If war should ever again become imminent, it would be Bates, Ky. Grant. Ala. Rayburn present law is particularly ineffective in Battle Hall, Rayfiel dealing with current problems and that intolerable to find ourselves in our pres­ Bender Edwin Arthur Rizley the Congress will .wish to take prompt ent position of b~ing bound by our own Bland Hart Rooney action to enact a new law along the lines legislation to give aid and support to any Bloom Hull Scoblick Brophy Javits Scott. Hardie proposed herein. · power which might later attack us. The Buckley Jennings Short Section 12 of the Neutrality Act pro­ proposed legislation is designed to permit Byrne, N.Y. . Johnson; Tex. Simpson, Pa. in normal times of peace control ove1 Clark Jones, N.C. Smith, Maine vides for: the establishment or' a Na­ Clippinger Judd Smith, Va. tional Munitions Control Board; the ad­ traffic in arms or other articles used to Colmer Kefauver Snyder ministration of the provisions of that supply, directly or indirectly, a foreign. Combs Keogh Spence Cooley Lusk Stanley section by the Secretary of State; the military establishment, and in times of Coudert Lynch Stockman registration of those engaged in the busi­ international , to permit control Crawford McMahon Talle ness of manufacturing, importing, or ex­ over any article the export of which Dawson, Til. Mansfield, Tex. Tollefson Dawson, Utah Merrow Van porting arms, ammunition, and imple­ would affect the security interests of the Eat on Mundt Vorys ments of war; the conditions under United States. Fallon Patman Wood which export and import licenses may The exercise of discretion necessarily Ful!er Plumley Woodruff Gerlach Poage Worley be issued; the reports which the National requires a revision of the administration Gifford Poulson Munitions Control Board shall make to of the controls presently in operation. Goodwin Rains · the Congress; and the determination by The suggested legislation provides for the So. the resolution was agreed to. the President of what articles shall be exercise of discretion in the types of li­ The Clerk announced the following considered arms, ammunition, and im­ censes which may be used, and in de­ pairs: plements of war. Reports of the activi­ termining the activities which may be On this vote: ties carried on by the Department of subject to registration. The new proposal State pursuant to section 12 for the differs from section 12 inasmuch as it Mr. Wood for, with Mr. Rooney against. years 1941 to 1946, inclusive, have been Mr. Simpson of Pennsylvania for, with Mr. permits the issuance of various types of , Dawson of Illinois against. submitted to assist the Congress in its licenses designed to take into account Mr. Woodruff for, with Mr. Lynch against. consideration of the legislation now sug­ under what circumstances and in what Mr. Gifford for, with Mr. Hart against. gested. Operations prior to 1941 are con­ quantities the export of the articles cov­ Mr. Hardie Scott for, . with Mr. Keogh tained in the first to sixth Annual Re­ ered by the proposed bill should be sub­ against. ports of the National Munitions Control ject to control. The purpose of this pro­ Mr. Scoblick for, with Mr. Byrne, of New Board. cedure is to permit freedom of trade in York against. Mr. Coudert for, with Mr. Buckley against. The proposed legislation contemplates items of a purely commercial nature. Mr. Judd for, with Mr. Rayfiel against. continuing certain of the essential With regard to the registration require­ Mr. Gerlach for, with Mr. Poulson against. aspects of section 12 of the Neutrality ments it should be noted that under the Mr. McMahon for, with Mr. Bloom against. Act, particularly those pertaining to the present law anyone engaged in manufac­ administrative framework of the con­ turing, exporting, or importing any of the General pairs until further notice: trols now exercised. However, it is dif­ articles defined as arms, ammunjtion or Mr. Eaton with Mr. Bland. ferent in its objective and it proposes a implements of war must register with Mr. Fuller with Mr. Fogarty. more flexible and efficient administra­ the Secretary of State, whether the item Mr. Jennings with Mr. Cooley. Mr. Merrow with Mr. Rains. tion. handled.by that person is a battleship or Mr. Clippinger with Mr. Worley. The present system of supervising this merely a · .38-caliber pistol. Under the Mr. Crawford with Mr. Colmer. • country's international traffic and trade new proposal the President upon recom­ Mr. Dawson of Utah with Mrs. Lusk. in arms and munitions of war was con­ mendation of the· National Munitions Mr. Goodwin with Mr. Johnson of Texas. ceived during a period of neutrality and Control Board may determine when the Mr. Short with Mr. Fallon. with the view to remaining out of war. manufacture, exportation, or importa­ Mr. Rizley with Mr. Clark. To achieve this end the successive Neu­ tion of any designated arms, ammuni­ Mr. O'BRIEN, Mr. GoRSKI, arid Mr. GoR­ trality Acts of 1935, 1937, and 1939 were tion, and implements of war shall require DON changed their votes from "yea" to founded on the principle of impartiality registration. This will mean that con­ "nay." · toward all who would secure munitions sideration may be given to the relative The result of the vote was announced. from us regardless of their motives. As military significance of th.~ item handled. as above recorded. long as section 12 of the Neutrality Act Another important change provides is in effect that requirement of impar­ for obtaining fuller information which MUNITIONS CONTROL-MESSAGE FROM tiality is still the law and the Secretary will be made available to the Congress THE PRESIDENT OF THE UNITED of State must treat aggressor and ag­ in the reports of the National Munitions STATES (H. DOC. NO. 195) grieved, peacemaker and troublemaker Control Board. With a number of The SPEAKER laid before the House equally by granting every application for agencies of this Government actively the following message fr.om the President· a license for the exportation of any concerned with the disposal of arms and of the United States, which was read, arms, ammunition, or implements of related items, the proposed legislation and, together with the accompanying war unless such action would be in vio­ will allow for the amalgamation of all papers, referred to the Committee on lation of a treaty. Such a provision of such information into one comprehen­ Foreign Affairs and ordered to be law is no longer consistent with this sive report. printed: country's commitments and require­ In addition to the foregoing, the pro­ ments. We have committed ourselves posed legislation differs from section 12 To the Congress of the United States: to international cooperation through of the Neutrality Act by providing ex­ I transmit herewith a proposal for the United Nations. If this participa­ port controls over two additional cate­ legislation to authorize supervision of the tion is to be fully effective this Govern­ gories; namely, <1) articles especially exportation of arms, ammunition, imple­ ment must have control over traffic in designed for or customarily used only in ments of war, and related commodities, weapons which will permit us to act in the manufacture of arms, ammunition, and the importation of arms, ammuni­ accordance with our position in the and implements of war and (2) articles tion, and implements of war; to provide United Nations and will be adaptable to exported for use, directly or indirectly, for the registration, under certain con­ changes in the international situation. by a foreign military establishment. ditions, of manufacturers, exporters, im­ Therefore, there must be new legal pro­ With regard to ii~em <1) it is certainly porters, and certain dealers in munitions visions enabling the exercise of discre­ unsound to endeavor to regulate traffic of war; and to provide for obtaining tion in the granting or rejecting of ap­ in arms and ammunition and permit a more adequate information concerning plications for expert or import licenses free flow of the special machinery and the international traffic in arms. The for arms, ammunition, and implements tools used in the production of those principal purpose of this proposal is to of war and related items. arms and ammunition. In the absence 1947" CONGRESSIONAL RECQRD~HOUSE 3423 of such a provision those countries from public health, safety, or welfare, and for have the courage to meet the issue and whom munitions are withheld would soon other purposes. try to settle it as best we can? seek and obtain the equipment with The motion was agreed to. I may say to the membership cf this which to supply themselves. Accordingly the House resolved itself House that no one claims this bill is In the interest of world peace articles into the Committee of the Whole House perfect in every particular, and I may supplying a foreign military establish­ on the State of the Union fnr the con­ also add that I hardly believe there is ment cannot be left free from Govern­ sideration of the bill H. R. 3020, with another Member of the House who likes ment supervision scr- far as exports are Mr. BROWN of Ohio in the chair. the bill in all its particulars. This bill concerned. Prior to the last war there The Clerk read the title of the bill. is an unusual bill, may I say, in that it were no provisions for controlling articles By unanimous consent, the first read­ is most controversial in whole, and it is supplying foreign military establish­ ing of the bill was diSpensed with. controversial in lesser or greater degree ments. This condition must not be al­ The CHAIRMAN. Under the rule, the in all its parts; but ma~ I suggest that lowed to recur. The proposed legisla­ gentleman from New Jersey [Mr. HART­ any attempt to open this bill up when it tion ir consistent with the international LEY] is recognized for 3 hours, and the is read under the 5-minute rule or to trade policies I outlined a short time ago gentleman from Michigan [Mr. LEsiN­ emasculate it will do more harm than at Waco, Tex. It is designed to pro­ sKI] wiil be recognized for 3 hours. good. tect the security interests and to carry Mr. HARTLEY. Mr. Chairman, I Mr. PACE. Mr. Chairman. will the out the foreign policy of the United yield myself 15 minutes. _ gentleman yield at this time? States. Mr. Chairman, during the debate on Mr. HARTLEY. I will yield for a brief There is one other aspect of the sug­ the rule today, some rather unkind and question. gested legislation which warrants com­ unfair references have been made to the Mr. PACE. It would be helpful if the ment. At present there is no provision manner in which this bill has been gentleman would point out the particu­ for supervising the activities of those drafted. This bill was written by the lar section of this bill which provides persons who do not manufacture, im­ House Committee on Education and for the closed shop. I have had some port, or export arms, ammunition, and Labor. Those of us on the majority side difficulty in .reconciling the different pro­ implements of war, but who, as free accept full responsibility for what is in visions. . agents, buy or sell these items for export, this bill. It was our responsibility in Mr. HARTLEY. That is section 8 or who obtain commissions or fees on the first place and I think we have ful­ 3. Other members of the committee will contracts for manufacture or exportation filled that responsibility. explain the provisions of the bill in de­ of such items. These brokers assume This committee, as everyone present tail; I am merely attempting to cover none of the responsibilities of this im­ knows, made the most exhaustive study the bill in a general way. portant traffic, yet they promote it, often and held the most exhausive hearings on This bill also exempts supervisors from irresponsibly, and need only concern this most· complicated matter that have the compulsory features of the National themselves with the profits to be found ever been held by any Committee on Labor Relations Act. In other words, in the trade. It is scarcely fair to those Labor in the history of the Congress of this bill does not bar them from organ­ who have the responsibility of carrying the United States. After the bill was izing but they cannot obtain the benefits on what experience has shown to be a prepared it was presented to the entire of the act. It was quite apparent to us legitimate business, that such people committee. It was read line by line and from the evidence we received in the should not be subject to regulation. section by section, and no member of the committee that there was no such thing The international traffic in munitions committee was denied the right to amend as an independent foremen's union; they and related items is a matter of major it in any way he saw fit. were either identified with or controlled concern to us and to the other nations r would also like to make one brief re­ by ~he employee organizations composed of the world. By such legislation as is sponse to the statement made by the of employees they were supposed to now proposed for consideration by the gentleman from New York [Mr. MARCAN­ supervise. Congress, the Government would be TONIO] echoing the statement of the pres­ This bill also imposes on both parties given powers essential for the safeguard­ ident of the CIO and his reference to to labor disputes the duty of bargaining, ing of its security interests in this inter­ fascism. As far as I am personally con­ and likewise it provides that in bargain- ,. national tra,.de. cerned, I am getting sick and tired of ing arrangements there must be a secret HARRY S. TRUMAN. hearing those who are not Communists ballot by the employees on their em­ THE WmTE HousE, April 15, 1947. called Fascists. It is too bad that today, ployers' last offer of the settlement of a if you do not happen to follow the party dispute . .-,}ThY is th~ important? We [Enclosure: Report to the President line, if you do not happen to be a Com­ find today for example, there are over from the National Munitions Control munist, you have to sit and listen to the 900 strike notices on file in the United Board transmitting proposed bill.] charge that if you are not a Communist State Department of Labor. Under the ~TED STATES TERRITORIAL EXPAN- you must be a Fascist, per se. terms of the Smith-Connally Act there SION MEMORIAL COMMISSION We are ready to defend this bill. I has been built .up a definite policy that The SPEAKER. Pursuant to the pro­ am going to, briefly, in a general way, whenever there is a collective consulta­ visions of Public Resolution 32, Seventy­ recite what is in the bill. Following me, tion or conference to be held the mem­ third Congress, the Chair appoints as members of the committee will present bers of the union automatically arm members of the United States Territorial in detail all features of the bill. their leaders with a strike vote. This Expansion Memorial Commisison the fol­ First, this bill outlaws the closed shop bill provides that that strike vote shall lowing Members of the House: Mr. BAR­ and monopolistic industry-wide bar­ be taken after the members of the union RETT, of Wyoming; Mr. BAKEWELL, of gaining. Now, I know there are those know what the employers' best offer is Missouri, and Mr. THOMAS, of Texa-s. who are not quite pleased with the ban and, therefore, be in a better position to on industry-wide bargaining. I recog­ decide whether or not they are satisfied LABOR-MANAGEMENT RELATIONS nize that there undoubtedly will be some - and whether or not they wish to go out , ACT, 1947 dislocations as a result of that particular on strike. Mr. HARTLEY. Mr. Speaker, I move feature, but I want to ask the member­ This bill also provides for the removal that the House resolve itself into the ship of 1Jlis House if we are going to be of the present National Labor Relations Committee of the Whole House on the more concerned about some dislocations Board and the substitution of a new State of the Union for the consideration in one branch of industry than we are board with different functions than those of the bill (H. R. 3020> to prescribe fair with meeting Mr. John L. Lewis face to now possessed by the present Board. and equitable rules of conduct to be ob­ face on the 1st of July, and whether we Every one of us who has studied the ad­ served by labor and management in their do not want to save this Nation from ministration of the National Labor Rela­ relations with one another which affect having its entire economy prostrated as tions Act knows that not only has it commerce, to protect the rights of in­ a result of the domination of one man failed in many particulars because of its dividual workers in their relations with over the entire coal industry-or any other inherent weakness as a law, but it has labor organiz".tions whose activities af­ industry. failed in larger degree by the improper fect commerce, to· recognize the para­ Do we want to promote the tragic situ­ administration by the members of the mount public interest in labor disputes ation that this Nation faced last Novem­ Board and their subordinates. The Na­ affecting commerce that endanger the ber and December? Or are we going to tional Labor Relations Board bas been 3424 CONGRESSIONAL .RECORD-HOUSE APRIL 15 investigator, prosecutor, jury, and judge Mr. OWENS. Mr. Chairman, will the picket line such as I have exhibited by all rolled into one. Under the pending gentleman yield? picture here in my hand. This provi­ bill we make it a quasi-judicial board Mr. HARTLEY. I yield to the gentle­ sion barring mass picketing by the use which will pass -on investigations and man from Illinois. of force and violence in the conduct of prosecutions that have been made by a Mr. OWENS. Was it not delivered by a strike is based on this premise: We separate administrator who is provided the farmer's own truck? do not want to interfere with the legi­ for in the bill. We further make it in Mr. HARTLEY. It was delivered by timate right to strike, but the commit­ order that these decisions shall be made the farmer's own truck. I am glad the tee holds that there is an equally funda­ on a preponderance of the evidence gentleman referred to that. mental right, and that is that any per­ rather than on the fictitious evidence. We had a case where a lady who ran son has the right to go to work if he that has been permitted in times past a turkey farm and was supporting an in­ wants to work, and that he have that by examiners of the Board. valid husband, raised a certain number right free from any molestation on the This bill also protects the existence of turkeys every- year. When it came part of anyone, be it a union or any­ of labor organizations which are not time for them to be fattened and sent one else. affiliated with one of the national fed­ to the market she would call in her neigh­ It makes labor organizations equally erations. It p::.·ohibits certification by bors and for a nominal sum they would responsible with employers for contract the Board of labor organizations having pluck the turkeys. They went to market violations and provides for suit by either Commu!list or subversive officers. If any­ but there could not be handled. Why? aiainst the other in the United States one doubts the need of that in the bill Because they had not been plucked by a district courts. all you have to do is to read the testi­ union turkey plucker. Do you know how It outlaws sympathy strikes, jurisdic­ mony taken by our subcommittee in con­ they finally met the situation? Finally tional strikes, illegal boycotts, collusive nection with the Allis-Chalmers strike they were permitted to be handled when strikes by employees of competing em- in Milwaukee and you will understand a union turkey stamper stamped the birds . players, as well as sit-down strikes, that section of the bill is most in order. one at a time and got something like 30 featherbedding, and other concerted in­ This bill also outlaws the picketing of cents apiece for doing it. In the mean­ terferences conducted by remaining on a place of business where the proprietor time this lady lost some $3,000 that year employer's premises. I want to say just is not involved in a dispute with his in her efforts to provide an income for a word about · jurisdiction strikes. -I employes. Mr. Chairman, why is that herself and her family. heard the gentlemen on the other side provision in order? Our committee has - This bill provides that where such a of the aisle a little while ago refer to received and taken evidence all over the condition exists a person who suffers the high cost ·of living and the high cost United States showing that in attempts damages may recover in the courts. of building. Now I want to give you a to organize, yes, even a small grocery This bill· also creates a new and in­ little reason why it is so hard to build store, where perhaps every member em­ dependent conciliation agency. It re­ a home today and why -these costs are ployed in that grocery store were mem­ moves the exemption of labor organiza­ so high, and I want to call your atten­ bers of the same family, or in cases where tions from the antitrust laws when such tion to what is going on right now in my · only one or two employees were em­ organizations, acting either alone or in own State ·of New Jersey. ployed, picket lines were placed in front collusion with employers, engage in un­ Up in New Jersey right at the present of the establishment even though there lawful restraints of trade. It guarantees time there is between $45,000,000 and was no wage dispute involved at all. to employees and employers, and their $50,000,000 worth of public housing at a We had a notable case of that in respective representatives, the full exer­ total standstill not because of any ques­ Oakland, Calif., where a paint manu­ cise of the right of free speech. It pro­ tion of hours and wages but simply be­ facturer, a father and son corporation, vides a means of stopping strikes which cause the carpenters say, "We want to employing only three persons, was ap­ imperil or threaten to imperil the pub­ carry the lumber from the trucks to the proached by an organizer to organize the lic health, safety, or interest, and in job," and the laborers say, "No, we want men in his establishment. He agreed to that respect it provides that when the to carry it." As a result, nobody works, permit them to be organized and after President finds that the public health or and that $45,000,000 to $50,000,000 worth they failed the organizer came to him safety is threatened, that he shall au­ of heavy construction is held up. and in spite of the fact that not one thorize the Attorney General to seek an Are we acting against the interest of signed up demanded that the proprietor injunction in the courts, and if the courts these individual carpenters and these in­ sign a closed-shop contract. This he de­ so find that the public health or safety· dividual laborers in providing an end to clined to do. As a result ~ ~ picket line is imperiled, that the injunction shall jurisdictional strikes? I say no, and I was placed in front of his ~ace of busi­ be issued. Thereupon there follows a wil1 tell you why I say· no. I have had ness. Now, this was a place of business period of mediation if any agreement is letters by the hundreds from carpenters employing only three persons. The reached, and if no settlement has been and from laborers in the State of New picket line in this instance was not suc­ obtained that there shall be a following Jersey who have said they want to go cessful. What happened? The mem­ period of arbitration. back to work. Both carpenters and bers of the paint-makers organization The CHAIRMAN. The time of the laborers are satisfied to get back to work. joined forces with the teamsters local gentleman from New Jersey has expired. But why is it they cannot? It is be­ and the teamsters refused to pick up or Mr. HARTLEY. Mr. Chairman, I cause Mr. Hutcheson, the head of the deliver any products of the paint maker. yield myself five additional minutes. carpenters, and Mr. Moreschi, the head As a result he was forced to close his This bill also outlaws mass picketing of the laborers here in Washington, have doors. and other forms of violence designed to refused to get together and settle this This bill also provides for unlawful prevent individuals from entering or jurisdictional dispute. They could do it concerted activities and it gives those leaving a place of business, and if you overnight if they had the will to. persons injured thereby the right to sue need any good reason for voting for that Mr. Green appeared before our com­ civilly any person respcnsible therefor. . provision of the bill, all you have to do mittee and he pleaded as I have heard Why is that provision important in this· is to read the testimony of the Allis­ no one else plead. He said, "Do not in­ bill? Let me cite cases of damages that Chalmers strike, of the mass picketing terfere with the house of labor." Let have occurred by the hundreds, cases in there, where there was bloodshed and , me say to you that the house of labor California in particular, for instance, the violence. Also the mass picketing out is sick and is refusing to take any medi­ case where milk by the thousands of gal­ in Hollywood, which has gone on inter­ cine itself. We believe that this House lons had to be poured down sewers or fed mittently for a period of over 2 years has to give it some medicine that will to hogs or destroyed because those over a jurisdictional strike, where once cure it of its own ills and restore the teamsters called it "hot milk" and re­ again heads have been bashed in, bones right to go back to work, that the rank fused to handle it. In one instance their broken, and all that sort of thing; and and file of the labor movement really embargo, their refusal to handle this so­ all you have to do to see what takes place want. called hot milk, went to the ridiculous is to see the press pictures of the demon­ It is not only heavy construction that extreme of refusal to handle the milk be­ strations in the present telephone strike. is being held up in New Jersey today, it cause it came from cows that had been Now, I would like to ask anyone of you is the Federal Government's own build­ fed feed that had been delivered to the here present, how you would like to at­ ing program to provide homes for return­ farm by a nonunion truck. tempt to go to work through a mass ing veterans that is being held up be- 1947 CONGRESSIONAL RECORD~HOUSE 3425 -cause those projects. too, are at a stand­ say, one that is not forced upon them­ Fifteenth. The right to be free of still as the result of these jurisdictional sections 7 (a), 8 (a) {1), 8 (3), 8 threats to his family for doing things in strikes. (1), (9) <2>, 9 (f) (2), 9 (f) (4), 9 connection with union matters that an I want to point out something else. (f) (5). employer or a union does not like--sec­ Representatives of three segments of the Second. It gives him: The right to get tion 8 <1>, 8 (b) (1), 12 (a) (1). lumber industry appeared before our a job without joining any union-sections Sixteenth. The right to settle his own committee. the fir, the redwood. and an­ 8 (a) (3), 8 (4). grievances with his employer-section other branch, and they pointed out that Third. The right to vote by sec1·et bal­ 9 (a). as a result of work stoppages, not con­ lot in a fair and free election on whether Seventeenth. The right without fear of cerning wages or hours but concerning his employer and a union can make him reprisal, to support any candidate for jurisdictional strikes, closed-shop issues, join the union to keep his job-sections public office that he chooses and to de­ and things of that kind, the production 8 (d) (4) . 9 (g). cide for himself whether or not his money of stRflcient lumber to build 210,000 P.ourth. The right to require the union will be spent for political purposes-sec­ 6-room homes was lost. That is the rea­ that is his bargaining agent to represent tion 8 <5>. son for the high cost of building. It is him without discriminating against him Eighteenth. The right to go to and not the high cost of building, it is the in any way or for any reason, even if he from his work without being threatened high cost of strikes. is not a member of the union-section 8 or molested-section 12 ~ a> (1). The CHAIRMAN. The time of the (b) (2) . Nineteenth. The right or a union free gentleman from New Jersey has again Fifth. The right with his fellow em­ of Communist domination and control, expired. ployees to make demands of their own, and one that is devoted to honest trade Mr. HARTLEY. Mr. Chairman, I and to bargain about them through the unionism and not class warfare and tur­ yield myself five additional minutes. leaders of their own local union. without moil-section 9 . to strike. going to stop him from firing out of his Sixth. The right to keep on working Twenty-first. And, finally, the right to union a man like Dr. Maddy, who was and getting his pay without sympathy have a fair hearing, before an impartial head of the Interlochen School, in Mich­ strikes, jurisdictional disputes, illegal board, without cost to himself, whenever Igan, and who put on programs and boycotts, and other disputes that do not he believes that any employer or any trained youngsters throughout this Na­ involve him and his union or his em­ union is depriving him of these rights­ tion at their camp every year. It is go­ ployer-section 12 (a} {3) (a). section 10. ing to meet face to face those high-hand­ Seventh. The right to know what he Besides all these rights, the bill pre­ ed dictatorial methods. is striking about before he is called out serves every essential right that the La­ Mr. HINSHAW. Mr. Chairman, will on strike, and to vote by secret ballot in bor Act in its present form guarantees the gentleman yield? ·a free and fair election on whether to to working people. Mr. HARTLEY. I yield to the gentle­ strike or not after he has been told what Now, is this oppressive? Is it puni­ man from California. his employer has offered him-section 2 tive? Is it unfair? It is oppressive, if Mr. HINSHAW. The Idlewild Air­ (11). you wish to call it that. only to those port, a $90,000,000 project in New York, Eighth. The right to express his opin­ union leaders who wish to exploit and has been stopped from completion for a ion concerning union policies, union of­ degrade the people they represent, who year because the telephone workers and ficers and candidates for union office. and wish to deprive them of a voice in mat­ the electrical workers are in a jurisdic­ to make and file charges against his em­ ters that vitally concern them, to deprive tional fight to determine which one sball ployer, the union, or the union officers them of free and fair elections within do about 24 hours• worth of work in pull­ without suffering any penalty or dis­ the union, and to control their political Ing a cable 1 mile. crimination-sections 8 <4>, 8 (c) as well as their economic lives. Public Mr. HARTLEY. Exactly, and the in­ <5>. opinion polls show that the overwhelm· stance the gentleman cites can be re­ Ninth. The right to vote by .secret bal­ ing majority .of the union members them· peated ad infinitum aU over this Nation. lot without fear in free and fair elections selves approve reforms that we propose. In the year 1215, at Runnymede, King on any matter of union policy-how We are trying to make this labor bill Jobn delivered the Magna Carta, sur­ much dues he shall pay, what assess­ a two-way proposition, we are trying to rendering to the British barons sovereign ments the union can make him pay, , write equity into the law, to make the power. In 1790, the Constitution of the what the union can spend the money relationship between labor and manage.. United States gave to the common people for-section 8 sirable. It is a positive good in the world. labor barons, gathered in this city today Thirteenth. The right to receive his That some may be rich shows that others more than 250 strong to fight this bill, pay in his pay envelope, without the em­ may become rich and. hence, ts just en­ the worker's bill of rights, witb every ployer and the union spending it for him, couragement for industry and enterprise. weapon at their command. checking it off for union dues or for other Let not him who is houseless pull down the Now let us see what is in this bill of purposes-section 8 (2) . house of another, but rather let him work rights. Let us see if it oppresses the Fourteenth. The right to stay a mem­ diligently and build one for himself, thus workingman, or if it liberates him and ber of a union, without being suspended assuring that his own will be safe from gives him a voice, free of fear, in the af­ or expelled, except for, first, not paying violence when built. fairs of a union that has over him the dues; second, disclosing confidential in­ That is the philosophy that permeates power that the National Labor Relations formation of the union; third, violating this bill. Act gives to his exclusive bargaining the union's contract; fourth, being a In conclusion, may I say that there agent. This bill guarantees to him: Communist or fellow traveler; fifth, be­ was a time when we increased wages and First. The right to join with the fellow ing convicted of a felony.; sixth, engaging we reduced prices. Why were we able to workers to select a collective-bargaining ln disreputable eonduct that refiects ,on do that? Because when we increased agent ot their own choosing, that ls to the union-section 8 (c} <6>. wages. we increased the productivity of 3426 . CONGRESSIONAL RECORD-HOUSE APRIL 15 the average workman. But, later on, the of union members or those who were tiona! Committee on February 16, 1940, philosophy changed, and it became the suspected of being union members. This and I quote from page 42 of that docu­ philosophy of "get as much as you can particular scheme worked to the detri­ ment: for doing as little as you can.'' ment of the unions because there were A free labor movement is important to the The gentleman from Pennsylvania · more workers than there were jobs, and maintenance of representative self-govern­ [Mr. GRoss] has a constituent who, in my it was risky to be affiliated with a labor ment. Labor unions, like farmers' coopera­ opinion, has given us a new philosophy union. tives and other agencies of organized self­ which everyone of us, whether we be in That was toward the close of the nine­ help, are among the drill grounds of de­ the labor movement, in management, or teenth century. Now during the present mocracy. in the Halls of Congress, might well fol­ century our economy has grown by leaps Now, I am sure that we all agree that low. I would like to leave it with you and bounds, our industrial development that is beautiful. It is what is known in closing. The philosophy which his has outstripped the dreams of the wild­ as fine writing. But to continue: constituent expresses is this: "To get est visionary, until today our industrial Their processes, when they are kept demo­ more for the dollar you spend, give more know-how is unsurpassed the world over. crat ic, give to workers who part icipate in for the dollar you earn.''. If we would Unfortunately, Mr. Chairman, our know­ them valuable training for their wider role all do that, I think the whole country how in labor-management relations has a- citizens in community, State, and Nation. would be better off, and we would be on not kept pace with ou·r technological Every inroad that Government makes upon our way toward real progress. development. a free labor movement involves a loss to Mr. LESINSKI. Mr. Chairman, I Because our economy has expanded so democracy. yield myself 24 minutes. rapidly and because practices, customs, That was from page 42 of a report from Mr. Chairman, after a careful study and methods have changed so drastically the Republican program committee in of H. R. 3020, it is my firm conviction in our huge industrial machine in such February 1940. Now, here is something that if the Congress should pass. this a short time, serious and often ugly from a Republicail-inspired work of bill it would take us back to the Dark labor-management problems have con­ April 10, 1947, known as House bill 3020. Ages with respect to labor-management fronted us; some of those problems we As I read section 9 in connection with rel2.tions. Perhaps that is what it is have solved effectively in fairness to both section 12, which outlaws monopolistic meant to do-to take us back to the Dark management and labor; unfortunately, strikes, Mr. Chairman, section 9 would, Ages-back to the days .of Republican some of the problems still remain. But, among other things, operate as an out­ . normalcy. I can think of no better way Mr. Speaker, the fact that there are re­ right ban on industry-wide bargaining. to create the greatest degree of indus­ maining problems to be settled is no rea­ Now, Mr. Chairman, I want to ask my trial strife this Nation has ever known son for going back to the Dark Ages or Republican colleagues if that is what the than to enact this bill into law. back to the days of Republican normalcy. 1940 report of the Republican program During the 170 years of this Nation's And that is what I think this bill would e;ommittee meant by the statement that history, we have been made over from do. I want to read an interesting sen­ every inroad that Government makes a nation of farmers ·and country dwellers tence from a document which is probably upon a free labor movement involves a into a nation three-fourths of whose familiar to a large part of this body. I loss to democracy; or, I might ask, in people live in cities and work in indus­ refer to a little opus entitled "Textbook, the same vein, do their proposed defini­ try. During the course of that 170 years, Republican National Committee, 1940." tions of illegal boycotts or sympathetic there have been many far-reaching, even On page 28 of that literary effort, under strikes fit the 1940 statement of the pro­ , developments in industry. The . the title of Labor Relations, this is the gram committee? employer of yesteryears who worked side leading paragraph: Now, Mr. Chairman, I want to read by side with his hired man and served The Republican Party has always protected from another literary effort of the Re­ · as a friendly counselor· to his worker the American worker. publicans. This is taken from the Re­ and his family is all but nonexistent to­ publican Party platform of 1944. The day as far as the great mass of workers Now as I r~ad an item in section 8 of House bill 3020, it would virtually nullify first sentence under the subdivision labor is concerned. The vast majority of reads as follows: workers today are machine tenders who the check-off system under which em­ ployers automatically deduct union dues Tlle Republican Party is the historical do not know what the boss man or the champion of free labor. chairman of the board of directors looks from employees' pay. This, gentlemen, like. is defined as an unfair practice on the That was in 1944. Today, the Repub­ · During the 170 years we have come part of the employers. And I suppose lican Party is sponsoring a bill which to recognize certain developnlents in in-, that is done in all faith with respect to would limit labor's activities to those dustry as the labor movement. There the statement in the 1940 textbook: which have not been defined by the Re­ have been troublesome times for both The Republican Party has always protected publicans as unfair practices, a bill which management and labor, but by and large the American worker. would require labor unions to make an­ it has been a struggle for recognition Now as I read another item in section nual reports of their finances but which on the part of the wage earner and his 8 of the bill, it would outlaw employer would make no such requirement of man­ family. This is pointed up in a 1943 re­ contributions to any funds over whtch a ufacturers' associations. port by the chairman of the New York union had any control at all, including Reading further in the Republican State Joint Legislative Committee on in­ those jointly administered by the union platform of 1944, Mr. Chairman, I have dustrial and labor conditions entitled and the employer. Such a contribution found this: "The American Story of Industrial and by the employer would be an unfair labor We pledge an end to political trickery in Labor Relations.'' The chairman of that practice. If, however, an employer the administ ration of· labor laws and the committee was IRVING M. IvEs, now the should want to establish a fund over handling of labor disputes, and equal bene­ junior Senator from the State of New which the union would have no control, fits on the basis of equality to all labor in the York. On page 101 of that report there administration of labor controls and laws, he could do so. With respect to negotia­ regardless of political affiliation. appears this paragraph: tions dealing with a contract, however, When the labor movement was growing another section of this bill would bar the Is that what the Republicans mean rapidly at the end of the nineteenth cen­ union from demanding a welfare fund. when in this bill they would provide for tury, many employers tried to prevent unions In other words, the employer could dole amendments to the Clayton Act of 1914, from being organized in their plants. it out as a charity if he agreed with the the effect of which would be to subject Then the report relates how some em­ Republican slogan that the Republican to antitrust prosecution any combina­ ployers forced their workers to sign Party has always been a friend of the tion or conspiracy in restraint of com­ yellow-dog contracts, which, as you worker. merce. As you know. it was the purpose know, were agreements not to join or Now, Mr. Chairman, I should like to of the Clayton Act of 1914 to bar appli­ support a union while they worked for quote from another interesting little cation of the Sherman antitrust law to those employers. It describes another dccument entitled "A Program for a labor unions. Now this bill would take method used by some employers to fight Dynamic America-a Statement of Re­ us back to 1914. Perhaps in future labor the unions of that period, by blacklist­ publican Principles." This document is legislation the Republican Party, with all ing, which consisted simply of circulat.:. a repurt of the Republican program com­ of its fine promises to labor, will try to ing among other employers the names mittee submitted to the Republican Na- take us back to the yellow-dog contract, 1947 CONGRESSIONAL RECORD-HOUSE 3427 to the good old days of blacklisting-to . There have been a lot of rumors around Mr. LESINSKI. WeU, you can ask that the Dark Ag~ack to the days of Re­ about numerous secret meetings by on your side. publican normalcy. representatives of outside groups, such To return to more recent times. Mr. . Now. Mr. Chairman, I do not want to as the National Association of Manu­ Chairman, I want to read a bit more from offend my Republican friends, but I think facturers and certain other representa­ the Republican platform of 1944: that it would be pertinent here in my tives. down here, conferring with mem­ The Department of Labor has been emas­ recital of the traditional attitude of the bers of the committee in connection with culated by the New Deal. • • • All gov­ Republican Party toward the 1abor move­ the drafting of this bill I think those ernmental labor activities must be placed ment to ask their indulgence for a ques­ rumors should either be confirmed or under the direct authority a.nd responSibiUty tion. It is a question cf their own"lnak­ dissipated in the interest of the Members of the Secretary or Labor. ing and so perhaps they will not mind of Congress because, if that is so, it is I thoroughly agree with tbat statement, most lobby I in if I put it to them. It is simply: Have the vicious have seen my Mr. Chairman. and that is why I am vio­ you had enough? But, Mr. Chairman, 19 years as a Member of Congress. The lently opposed to title m of this bill I · must hurry on with another point or gentleman is the ranking Democratic which would take the Conciliation Serv­ two. member of the committee. H.as he any ice out of the Department of Labor. Of Now. Mr. Chairman, I should like to information aoout representatives of course. Mr. President, the statement read from another piece of Republican certain interests in this country being which I read to the effect that all labor literature. This is a document issued by down he!e and help!ng draft this bill or activities must be placed under the direct the Republican National Committee and imposing their personalities in connec­ authority of the Department of Labor, tion with the drafting of this distinctive­ entitled ''The Republican Administra­ was made in 1244. This is 1947 and the tion-Its Tasks and Responsibilities." ly antilabor bill? Republicans have had enough oi their Although it is undated, I assume that it Mr. HARTLEY. Mr. Chairman, will the gentleman yield? promises. They are in the saddle now was issued along about 1931 because of and they have bad enough of fair 1aoor this concluding statement in its fore­ Mr. LESINSKI. I yield to the gentle­ man from New Jersey. practices. They mean to legislate away word: the standards we have built up and, Mr. HARTLEY. I think in view oi the There are no 10 years of American history insinuation that bas been made, as though I hope this Congress will come to marked by such magnificent progress, both it passes chairman of the committee I should be its senses before such vicious social and economic, as has baen witnessed JegisJation, if it does pa,..c::s. I predict tba.t since 1921. The same courage. the same permitted to answer. - sense of .responsibility. the same solicitude Mr. LESINSKI. I · will let the gentle­ the labor strife of the last year will look for the welfare of our people, have been man answer. like a Sunday school picnic in comparison shown by eac~ succeeding administration. Mr. HARTLEY. I say that as far as with the labor strife that will be: engen­ dered by this thoughtless. discriminatory Then on pages 23 and 29 there are the c.luurman of the committee is con­ cerned, there have been no more visits bill. these two paragraphs under the title of Mr. HARTLEY. Mr. Chairman. I "Ie.bor": to the committee by representatives of farm yield 10 minutes to the gentleman from Aid to labor has been furnished fn a great industry and groups than there have been by representatives of labor Michigan [Mr. HOi'FM!.N}. numbP..r o! directions. Wages have b..c:.en very Mr. HOFFMAN. Mr. Chairman, if generally maintained in the face of the busi­ groups. And. I will add that the chair­ ness depression. through agreements between man is having difficulty in getting cer­ I heard aright. the last statement of industrial leaders and the President;. the tain leaders of the labor movement to the · gentleman from Michigan [Mr. maximum number of employees in industry visit with the committee and only yester­ LEsiNSKI] was to the effect tbat if we have bsen given work on part-tl,me basis. day had to serve a subpena upon Mr. passed labor legislation we would have Through the medium of the Federal Employ­ Petrillo to meet with us. more strikes. Some labor leaders have ment Service and its cooperating offices-, Mr. LESINSKI. I will answer the been threatening tbe Congress with a 1,408,131 individuals have obtained employ­ If ment since January 1. 1930. Wage earners gentleman from Massachusetts. The Nation-wide strike for some time. :tt were fUrther protected by an executive order minority had no hand in shaping takes a. labor bill and strikes to settle largely curtalling the immigration of foreign or writing this bill. This bill was pre­ the issue as to whether the national wel­ workers, which in 5 months resulted in a de- sented to us on Thursday morning, and fare or the special privileges granted to . nial nf 96,883 Immigration visas, and re­ we met Thursday afternoon. and we also minority groups comes first. which is duced nonquota Visas from Canada and sat Friday afternoon until the reading of the question which has been bothering MeXico from 60,000 to less than 5,000. By the country for tbe last 10 years. the action of the Department of Labor, about the bill was completed and amendments 20,000 aliens illegally within tbe Unit-eQ. made. and we only met Saturday for the sooner w~_get the strikes. if they are States have been deported. Noteworthy, purpose of passing the bill, and we had inevitable and must come.. and have too, a requirement was made the.t contra.c­ Saturday night to file our minority re­ them over witb. the better; at least. that ors for public buildings pay the prevailing port. That is all I can answer on that. is my opinion~ If a tooth must be filled local wage scale where such buildings were Mr. McCORMACK. There have been or pulledp if I must be operated upon, erected. a lot of rumors going around. and it is ·I have always followed the practice of The Federal appropriation of $1,000,000 for getting it over with instead of thinking the rehabilitation of persons disabled in in­ only fair that they should either be dustry was continued for another 3 ye.ars. repudiated or confirmed. There have and talking about it. been a. Iot of runtors a1'0und. Has the The gentleman complains about the That was the Republican labor record. gentleman any knowledge of that?- way the bill was written. He may be according to their own statement during Mr. LESINSKI. I realize that there correct in his statement as to when be that 10 years of magnificent progress. have been rumors. I do not have any first saw the present bill, but for the last If their determination to pass this bill is knowledge. I have not attended any 8 years. for 8 long years. while the an indication of their labor record for meetings. We were not ca!led in and I gentleman's party had absolute control the future, we apparently may expect do not know what happened until the of every branch of the Government. . more Republican activity with regard to bill came before the committee. many of the provisions of this legisla­ the worker in the present Congress than The CHAIRMAN. The time of · the tion were pending before the labor com­ there was· in the 10-year period of Re­ gentleman from Michigan has again mittee, of which the gentleman was a publican administration in the twenties. expired. member, and the committee buried it. But, unfortunately, judging by the atti­ Mr. LESINSKI. Mr. Cha.irman, I yield .... I know about that. I introduced it. J tude of the hepub1icans thu~ far in the myseli five additional minutes. was on the committee. It comes with Eightieth Congress, the added interest in Mr. HOFFMAN. Mr. Chairman. will rather bad grace for the gentleman to labor matters is not go!ng to redound to the gentleman yield? complain now. the benefit of the American wage earner. Mr. LESIN&KI. M.r. HoHman. you are As for the Republican Party, its !)!at­ Mr. McCORMACK. Mr~ Chairman, going to have time on your side. The form. and its broken promises. I sug­ will the gentleman yield? . time is equally divided. and 1 must give gest the gentleman read the platform Mr. LESINSKI. I yjeld to the gentle­ time to my men. Your chairman will on which President Roosevelt was first .man from Massachusetts. allot you time• elected. There was a good platform so Mr. McCORMACK. The gentleman is Mr. HOFFMAN~ I just wanted to ask far as promises were concerned. But if ·making -a ·very- exce11ent statement. a question. there was any promise in that platform 3428 CONGRESSIONAL RECORD-HOUSE APRIL 15 that the gentleman's party did not time, he went home to be with his family, and racketeers and extortionists have break the first year it was in power, I perhaps to work in the garden, perhaps given labor-the kind of unions con­ would like to know what it was. to visit with his wife and children, per­ trolled by these men who are levying Why were labor unions given special haps to go on a little outing with them. a tax upon the farmer. upon the busi­ protection? Why have we labor unions Perhaps to study to make himself a bet­ nessman, and upon the little man who today? We have labor unions because, ter worker-a better citizen. He was not wants to run a store, they must be ma~e when mass production industry came to looking after union politics. But the to know that extortion is a crime, the this country with its automatic machines gangster and the union politician and United States Supreme Court to the con­ and its rr.. i!es of assembly lines, the man the racketeer, they were all johnny-on­ trary notwithstanding. All throughout who worked in a factory became auto­ the-spot. They infiltrated into the un­ the -country, store after store had to pay matically almost a part of the machinery. ion organizations. Throughout this the teamsters' union in order to get goods He lost his individuality. He came close country extortion and racketeering un­ from the warehouses. And the clerks to being an ox in a yoke. The corpora­ der their guidance grew up until today had to join. tions grew to be all-powerful, and the in­ there is not a community in the country And the union man? What of him? dividual worker was unable to cope with that is not affected by the unlawful ac­ Time and again the union man has been management. tivities of those men; there is not an in­ fired from the union because he did not So the Co.:1gress of the United States dividual. The farmer? The farmer to­ go along with the men who were in ·con­ in 1934, ever mindful of its duty, ever day cannot haul his produce to market trol of his union.· There are cases in the sympathetic to those you might term the without paying, if you want to use the books, decisions of the National Labor weak, the underprivileged, the unpro­ polite term, a tax to the union to use as it Relations Board, decisions by the courts, tected, enacted the Labor. Relations Act, wants to. He pays if he uses the public where the courts have had to come to the commonly known as the Wagner Act. highway. rescue of the man that this law, the Na­ ThE: Congress made that law unequal, The gentleman from Michigan [Mr. tional Labor Relations Act, was designed unfair, and lopsided. It imposed liabili­ LESINSKIJ-from Detroit, if I may sug­ to protect, where they had to come to his ties, responsibilities, and penalties upon gest-does not get a single pound of food rescue to protect him from the union it­ employers. It granted special privileges that does not have the teamsters' tax on self when he ventured to express an to labor unions and labor leaders without it. He complains of the high cost of liv­ opinion and some crook in union office imposing any responsibility, without im­ ing and the taxes and all. Oh, the team­ made it hot for the real -worker. I say posing any penalties upon them. The sters' union taxes him. The President nothing of theN. L. R. A. which denied, Congress did that deliberately because talks about the high cost of living. He as did that act, the employer the right to the laboring man, the workers . in the says nothing about the e~orbitant sums free speech. I am talking now about factories, were unable to bargain on an collected by union racketeers which are the union man who was denied free equal basis with industry. So we made reflected in the prices the worker and speech and a job-who could not go to the law, as I said, lopsided, unjust, and all others must pay. his job because of the closed shop situa­ unfair had the parties been on equal The gentleman from Michigan [Mr. tion, and in many other instances where footing, but the parties did not have LESINSKij is in the contracting busi­ the union boss wanted to impose his will equal bargaining power. It was some­ ness. He cannot buy a foot of lumber; and coerce the union members who did thing like the teeter board we used to he cannot buy a keg of nails; he cannot not agree with him. Some man in the play on when we were children. The buy a single brick to carry on his busi­ union spoke up. Immediately he was little kid, the lightweight, got the long ness, without paying a tax to the team­ fired and it took a decision of the United end of the board, the big kid the short sters' union and to a half dozen other States Court of Appeals to get his job end, so it would go up and down, so the unions which have a part in production back for him. To restore to the .union teeter board would work. So we gave of each item. member his right of free speech. the workingman the big end of the deal. I wonder how he likes it. Why com­ Talk about this bill being an anti-labor The short end to the employer. But plain about the high cost of living? bill? Why, this bill is a bill to protect times and conditions have changed and Why complain about the Republican the union man himself. It is the work­ the unions are now strong and power­ Party when for 14 years his party has ingman's Bill of Rights. For the first ful-the employer-especially the one had absolute control, has encouraged time since labor legislation has been writ­ who gives a few jobs, is weak. So the rather than frowned upon those condi­ ten, you have here a bill which in its teeter board-the law-must be shifted tions which all now admit are out­ title-in its title expresses concern for to give equal leverage to each. rageous? the public, for the non-union employee, Unfortunately, as so often happens In Detroit there are small corner gro­ for the employee who is a union man, for when a law is unfair, the Unions pros., cery stores, the papa-and-mama stores, the union, and the only one who is con­ pered unduly under that law. They as they call them, where papa and mama demned m this bill is the racketeer, the took in millions of new members. They are running the store and doing all the extortionist, the man who is hiding be­ collected millions upon millions of dol­ labor themselves, trying to carry on and hind the cloak of unionism, maEquerad­ lars. Just a little while ago, two years make a livelihood and a few additional ing as a union official, but who is, after ago, at a conv£.ntion in New Jersey, the dollars so they can educate and clothe all, nothing but a crook carrying on a teamsters, Dan Tobin's union, boasted their children and perchance give them crook's business and living upon legiti­ that it had $4,000,000 in cash, that it had a little stake when they want to build mate business, oppressing the poor, op­ $5,000,000 in bonds. It also authorized a home of their own. Around comes Mr. pressing those who must work, and doing its executive board, or :-q,ther, its presi­ Hoffa, of Detroit, head of that union it by assuming the title, the role of dent, Dan,Tobin, to spend any part of the which permits him to practice extortion, masquerading as a union official. $4,000,000 in cash to defeat Congressmen. and he says: "Papa and mama, even Those men were crooks-they are It forgot the labor fiel

Mr. Chairman,' during the considera­ ernment supervised vote is then to be taken UNFAIR LABOR PRACTICES OF EMPLOYERS tion of the Smith-Connally antilabor in each disputed case. A requirement is The bill dilutes the present requirements bill, which was passed over the veto of also included for the consent by the em­ of the NLRA and in addition outlaws the President Roosevelt, William Green, ployer regarding the procedure to be followed check-off of dues. Today over 5,500,000 work­ president of the American Federation of in the conduct of the strike vote. The em­ ers, or more than 40 percent of all employees ployer is thus directly injected in the pro­ under agreement, are covered by ch-eck-off Labor, a patriotic, conservative labor cedure whereby the employees make their provisions voluntarily agreed to by employ­ leader, appeared before committees of decision. The ballot itself is prescribed by ers. No one before either the Senate or the the Congress and warned that the Smith­ law. It mentions only the employer's last House has criticized the operation of the Connally antilabor bill would foment offer and makes no reference to the position existing check-off agreements. taken by the union. The employees are thus labor troubles and cause untold strikes. WELFARE FUNDS He was supported by other labor leaders. precluded from the free exercise of the right which Congress cannot constitutionally deny The bill outlaws employer contributiQns to The history of that uncalled-for legis­ them to freely pass upon the policies and de­ any health, welfare, or benefit fund, whether lation has proven that they were abso­ cisions made by their own chosen representa­ or not such a fund is administered by the lutely right. Mr. Green now expresses a tives. union alone or "in conjunction with any similar fear concerning H. R. 3020. He NEGOTIATIONS DRASTICALLY LIMITED other person." Even if a union has an in­ direct control in such a fund .and the em­ was right before and he is undoubtedly The bill specifically limits the collective right now. ployer is a party to it, no employer contribu­ bargaining procedure to stated items to be tions toward such a fund can · legally be Mr. Chairman, at this time I include negotiated. Thousands of agreements which made. as a part of my remarks .a statement today provide for direct contribution by the by the American Federation of Labor workers through their union to greater UNFAm LABOR PRACTICES OF LABOR with reference-to H. R. 3020. This state­ efficiency, improved production and other The bill includes the ·provisions making it ment is complete and comprehensive. forms of labor-management cooperation wlll unlawful for unions to seek to compel any­ no longer he an authorized subject for ne­ one to become or remain a member· of a la­ DECLARATION OF POLICY gotiations. - A multitude of other existing bor organization. This provision, for many The statement of policy is explicit in au­ agreements would have agreed provisions es­ years soug-ht by the :t'J'AM, is aimed directly thorizing Federal Government's interven:. sential to the maintenance of industrial against union organization. The bill would tion into the process of collective bargain­ peace expunged as the result of this provi­ regulate initiation fees or dues and prohibit ing. The Government for the first time in sion. any payment of a tax required as a condi­ our history is to be given au~hority, not only_ SUPERVISORS tion of employment. If narrowly applied, to intervene when free and voluntary collec-. This term is defined in order to exclude the provision of section 8 (c) (2) would tive bargaining fails, but also to inject itself from collective bargaining employees clas:oed make the collection of any union dues un­ into procedures precedent to negotiations and as supervisors. The definition is so broad lawful. Furthermore, the bill would grant to regulate the conduct of employees in their as to exclude a major proportion of wage the right to any member to resign from the relation to each other and in their rela­ earners from the collective bargaining proc­ organization at any time making the main­ tionship wHh management. One of the ess. For example, almost any employee in tenance of a stable union membership an un­ stated purposes is to give the employees desirable objective, if not an impossib111ty. themselves a direct voice in the bargaining _ an establishment may be said to be given arrangements with their employers. Thus by the employer information that is confi­ BENEFIT PLANS dential and is not available to the public, the the Government would assert a policy of op­ The bill prohibits the maintenance by the position to the very process whereby demo­ competitors or the employees generally. Yet any employee who gains access to such in­ union of a compulsory insurance or benefit cratically chosen representatives of em­ plan. Yet there is nothing in the bill to ployees are authorized by such employees formation is termed as a "supervisor." prevent the employer from imposing com­ to negotiate and contract on their behalf. FEATHERBEDDING pulsory group insurance or other benefit plan In other words, the purpose of the bill is t<;> The adoption of the proposed language upon his employees. undermine and disrupt the process of col­ would make it legally impossible for labor to EXPULSION OR SUSPENSION OF MEMBEl'tS lective bargaining itselt. In this the bill reach an agreement with an employer re­ reaches_at the very foundations of voluntary quiring proper manning. of the job necessary Detailed specifications are given forbid­ representation which is a part and parcel of to meet minimum requirements of safety and - ding unions to expel or suspend any mem­ the free-enterprise system. health of the employees. This section is so ber on other than the specified ground. A TITLE I-AMENDMENT OF NLRA loosely and viciously drawn as to extend far , union is permitted to expel a member upon beyond the relationship between labor and conviction of a felony. Legally it could REGULATION OF COLLECTIVE BARGAINING neither suspend nor expel any member upon Section 2 provides for detailed regulation management and would, if strictly applied, make the payment of any taxes imposed by conviction of grand larceny, treason, or other of the steps tal{en in the collective-bargain­ unlawful acts other than felonious act. ing process. This includes a legal require­ Congress a featherbedding practice. ment of five separate conferences between MULTIPLICITY OF AGENCIES UNION SECURITY the employer and his employees or their The bill creates a Labor-Management Re­ The bill outlaws the union shop in four representatives, within a 30-day period fol­ lations Board and an Administrator of the ways. One is section 8 (c) (7) which re­ lowing the initial conference. Apart from National Labor Relations Act. The Admin­ quires the acceptance to membership of any the absurdity of prescribing by law how the istrator is_given the duty to prosecute com­ one, regardless of qualifications. Another is parties should arrange the course of their plaints of unfair labor practices before the a provision in section 8 (d) ( 4) which re­ negotiation and what consecutive steps they Board. At the same time, the Administrator quires a period of not less than 30 days, but should take, it is untenable that what the is also given the quasijudicial function of otherwise unlimited, during which the em­ bill pur!Jorts to be collective bargaining investigating representation petitions. He ployee is free not to join the labor organiza­ would extend to a procedure which is not is also to act as the agent of the Board, be­ tion. In addition section 9 of the bill elim­ collective bargaining at all. As described fore which he appears as a prosecutor, in inates the present requirement of section 8 in the bill, the procedure is not confined to making application to the courts for enforce­ of the National Labor Relations Act specifi­ duly chosen representatives of the employ­ ment of orders of the Board. This new struc­ cally authorizing the union shop. Finally, ees, but may extend to the Q.ealings be­ ture is, by its terms, bound to lead to confu­ section 9 (g) prohibits a union shop agree­ tween the employer and the employees sion so vast that no employer and no union ment reached as a result of a strike or a themselves. would be able to proceed with the normal threat of a strike. This section also requires STRIKE VOTE conduct of employer-employee relations that any agreement providing for a union The workers are not expected-to notify the without a constant danger of being in viola­ shop must be followed by an application to employer or the employer to notify the work­ tion of some requirement of the law. the administrator for a secret vote of em­ ers about the impending strike or lockout. RIGHTS OF EMPLOYEES ployees and also for a hearing by the admin­ istrator. The validity of a union shop agree­ Instead the notice is to be sent to the Ad­ Section 7 (b) gives each member of a labor ministrator of the NLRA. It is significant ment is limited to 2 years, after which time organization the right to be free from unrea­ the complex machinery, including the Gov­ that if a threatened strike is involved, the sonable or discriminatory financial demands Administrator must promptly notify the ernment supervised ballot, must be invoked of such labor organizations. It also requires again. employer. Notice of a lock-out by the em­ to have the affairs of the organization con­ ployer, however, is not to be conveyed to ducted in a manner that is fair to its mem­ CERTIFICATION OF REPRESENTATIVES the employees. The statement-of the em­ bers. None of these terms is defined and no Section 9 of the proposed bill drastically ployer's position in the dispute must be sent one is given the responsibility to interpret modifies the established procedure for the by registered mail to the representative. their meaning. What is unreasonable or dis­ settlement of cases concerning representa­ Since the representative is defined to in­ criminatory? What constitutes fair manner tion. The changes that have been made are clude any individual, this means a require­ of conduct? The bill is silent on these ques­ not supported by evidence presented to the ment for an employer , to mail h-is views by tions and gives no indication by whom or in congressional committees in the course of registered mail to every employee. A Gov- what manner they should be answered. their hearings on proposed labor legislation. 3436 CONGRESSIONAL RECORD-HOUSE APRIL 15 Instead of having an investigation made thus makes the amended Wagner Act heavily of a remedy against · unfair and discrimina­ whenever a question concerning representa­ balanced against -labor in favor of the em­ tory laws. Today, after the national exer­ tion arises, as provided in the Wagner Act, ployer. Even more dangerous is the fact that tion of a world-wide war, when its attain­ the investigation is to be made only on in section 12 Congress would bring activities ment of economic stability at home is . far written application by a labor representa­ subject to State and local laws within the from assm·ed, when peace in the world sur-. tive representing at least 30 percent of the sphere of Federal jurisdiction and Federal rounding it is not yet secure, our country employees in the unit. In contrast to this, regulation. The use of force or violence is can least atford the disruptive consequences an employer may ask for an investigation traditionally subject to local law enforce­ which will inevitably flow from the adoption and an election by merely alleging that any ment. Section 12 makes such acts Federal of laws imposing such far-reaching restric­ individual has presented to him a claim that offenses. The scope and manner of picl{eting tions upon collective bargaining and upon he represents a majority of the employees. is regulated by State and local laws. Section organized labor. It is plear that no matter what the purpose 12 would make picketing subject to Federal TITLE II. CONCILIATION OF LABOR DISPUTES of the provisions of this section of the bill, control. In addition, section 12 outlaws This title, if enacted into law, would it attempts to settle by detailed legislation various forms of strikes. It also makes labor create a legislative monstrosit y and result in problems which can only be properly re­ organizations liable for suits by employers a vast confusion of administrative responsi- solved as they arise in each case by the Na­ and subject to the court injunction. The bilities of conflicting agencies. · tional Labor Relations Board itself. provisions of the Norris-LaGuardia Act are Having already created, in title I, a Labor made applicable to any situation covered by I~DUSTRY-~E BARGAINING Management Relations Board, an independ­ the section. This not only reinstates the use ent agency of the Government, and an Section 9 (f) makes ineligible for an elec­ of the injunction in labor disputes but also tion employees of two or more competing office of Administrator of the National Labor permits the employer to impose a yellow-dog Relations Act (also "an independent agency employers uriless the union represents less contract upon his employees. This is accom­ than 100 employees of each employer or un­ in the executive branch of the Govern­ plished in this way. Any employee or labor ment"), the authors of the bill establish less the employers' plants are ~ess than 50 organization found to have engaged in an un­ miles apart. In industry after industry, in title II an Office of Conciliation, again fair labor practice is deprived of the right "as an independent agency in the executive these provisions will serve to eliminate trade of self-organization, the right to form or branch of the Government," headed by a associations as collective bargaining agents join a union, the right of collective bargain­ Director of ConciUation. But that is only for employers in a related field, thus wiping ing, and all other rights conferred upon them the beginning. This title also authorized out orderly collective bargaining built up by the National Labor Relations Act as the President to make an independent find­ over a period of years in large areas of peace­ amended. [Sec. 8 (b) and (c) and sec. ing that a labor dispute threatens to curtail ful labor-management relations. By stat­ 12 (d) .1 In addition, the Norris-LaGuardia commerce or services essential to public ing a complex stand of eligibility for certifi­ Act is repealed in its entirety with respect to health, safety or interest. It then vests the cation, the bill throws wide open the door any action or proceeding in a Federal court Attorney General with the responsibility to to a mass of litigation and administrative involving any activity which section 12 de­ petition a Federal district court for the in­ decision as to what constitutes the proper fines as unlawful. fSec. 12 (C).) As there­ junction, and subsequently move for the basis for certification. By the time all the sult, if a worker participates in "picketing an court discharge of the injunction. At this questions are answered as to who competes employer's place of business in numbers," he stage the Administrator of the NLRA comes and who doesn't; how many employees are is not only deprived of the right of union in to conduct a Go~ernment-supervised bal­ regularly employed; and how far apart is one membership, but also · may be required by lot. · Next the Secretary of Labor steps in. plant from another, the time for orderly the employer, as a condition of employment, Upon notification by the Secretary of Labor, designation of representatives will have long to sign an individual contract not to join a the Chief Justice of the United States Court since passed and the industrial unrest be­ labor organization. of Appeals for the District of Columbia must come widespread. It is important to note that, under the bill, act. It is the duty of the Chief Justice to THE ELECTION BALLOT when a union engages in an unfair labor then convene a Special Advisory Settlement Under the present procedure of the Na­ practice, lt promptly loses the right to its Board and to assume the chairmanship of tional Labor Relations Board, the form of the very existence, its existence becoming illegal that board. The special board renders an for 1 year. Of course, no employer found opiniol,l in 30 days and 15 days later the Ad­ ballot is determined as the result of an in­ guilty of an unfair labor practice is required vestigation Qf the Board, which decides ministrator of the NLRA comes back again to go out of business for 1 year. The em­ to conduct another Government-supervised· whether any claim for representation is sub­ ployer must merely cease and desist from stantial or valid. The bill requires that space ballot among the employees, to find out .how continuing such an unfair labor practice and they feel about the special board's opinion. be provided on the ballot for any choice of take such affirmative action as may be neces­ representative whether or not such a repre­ How the employer is to express his feeling sentative has anything to do with the exist­ sary to comply with the law. about the special board's . opinion is not Enforcement of one right through the stated. If one or both parties refuse to ac­ ing labor-management relations. It will not denial of another right is bad law. It is be surprising if t}1is procedure results in cept the special board's opinion, the dispute write-in votes designating a popular movie self-defeating. If all sinners were excom­ is back exactly where it started. To accomp­ sta!" as the -representative or some person un­ municated from the church, sin would not lish this result, the services of nine dis­ able or unfit to perform the fUnction of effec­ be curbed but would bacome more wide­ tinct and separate agencies of the Federal spread. The Wagner Act never contained Government are ut1lized. And this is before tive labor representation. any punitive provisions. The cease-and­ ~e get to title III, where the United States THE USE OF THE INJUNCTION desist orders, on which its enforcement is Department of Labor is required to maintain After the complex and extended adminis­ based, follow the tested and equitable pro­ a register and a file of financial reports of trative procedures o~ the Board proposed by cedure of the Federal Trade Commission unions. the bill have been carried out the complaints Act designed to forbid unfair trade prac­ Overlapping jurisdiction and conflicting of unfair labor practices are made· subject·to tices. Under that procedure, anyone ·round and unrelated responsibiUties of this multi­ court enforcement. However, the decisions engaging in what the law holds to be an plicity of Government agencies and bureaus of the Board are limited in a number of ways, unfair practice, must stop the practice. But is bound to result in a confusion so pro­ including the provision which would give a no one is sent to jail as a criminal or de­ found that a special arbitrator would seem company union the same status as a bona prived of his civil rights. to be called for to resolve jurisdictional dis­ fide labor organization independent of em- . Deprivation of the workers of their basic putes among the independently acting agents player influence or domination. The bill right of self-organi.zation and collective bar­ of the Government. The procedures call for makes discrimination against employees for gaining will not further industrial peace. On thousands of Federal agents, repeatedly con­ union activity extremely difficult to prevent the contrary, it will breed unrest. The pro­ ducting secret ballots, investigating and by forbidding the Board from ordering the posed enactment is fraught with grave con­ rendering reports. It requires mountains reinstatement of any individual as an em­ sequences to our society. Instead of remov­ of administrative paper work incidental to ployee "unless the weight of the evidence ing the causes of industrial unrest, the Government record-keeping, reports, tabula­ shows that such individual was not sus­ authors of the bill attempt to outlaw its re­ tions, and litigation in the courts. It neces­ pended or discharged for cause." In all court sults. They deliberately close their eyes to sitates huge outlays of public funds to sus­ enforcement the use of the injunction is the causes of industrial disputes. They tain the workings of a teeming bureaucracy made applicable in labor disputes by amend­ ignore the contribution made by the free and called upon to penetrate into every nook and ing the Norris-LaGuardia Act. Thus the voluntary self-organization of workers to a cranny of business firms and of labor or­ amended Wagner Act is turned into a happy free society. They blindly trample upon the ganizations. hunting ground for union-breaking employ­ legitimate and lawful aspirations of Ameri­ Chairman FRED A. HARTLEY, of the House er : relying on unbridled rule of labor by the can wage earners and seek to destroy the Committee on Education and Labor, in pub­ injunction. peaceful and constructive relationships and lishing the contents of the bill on April 10, institutions which workers and employers said that the bill was "our response to the ACTIVITIES UNLAWFUL CONCERTED have built up over a period of years. They mandate that th<~ people of the people of . In addition to the provision of unfair labor would outlaw an effective peaceful picket the United States gave u.~ last November." practices in which employees and labor or­ line maintained by workers in seeking a legit­ We will not venture a guess to what group of ganizations are prohibited to engage, section imate economic objective. By doing so, people Congressm!ln HARTLEY refers to as "the 12 contains an additional list of unlaWful they would drive workers from the economic people of the people." We are sure, however, activities directed against unions. Section 12 picket lines to political picket lines, in search that he is misreading and misstating the 1947 CONGRESSIONAL RECORD-HOUSE 3437 people's vote of last November. The Novem­ lina, a Democrat, make my speech for nance membership, and I think a small ber vote was a protest against a far-reach­ me, a Republican. percentage in other forms. ing Government uureaucracy and excessive This bill attempts to put a ban on the Federal controls extended into peacetime. I agree with the gentleman from North Then, as now, the people were fed up with Carolina that this is a nonpartisan prob­ closed shop, and right there let me say governmental intervention into their private lem; it is an American issue. What will that does not mean the unions will be decisions and Government control of their make for a strong, virile, free, and sol­ completely crippled. In the Railway private activities and transactions. It was a vent America? I regretted when I came Labor Act the closed union shop and clear and ringing mandate against the very to the Eightieth Congress and found I compulsory membership therein is spe­ kind of legislative enactment Mr. HARTLEY could no longer serve under the gentle­ cifically banned, yet since that time the has prepared for the consideration of con­ railway brotherhood memberships have gress. man from North Carolina who was chair­ The proposed bill goes far beyond any man of the Committee on Education of doubled and trebled. known precedent in any field in peacetime which I was a member. But I have be­ Mr. Chairman, we are interested in in­ Federal intervention. It extends Federal come associated with the gentleman dividual freedom. We know that during control to the very heart of the collective from New Jersey [Mr. HARTLEY], and I the war and since there have been vet­ bargaining. It allows Federal authority to have found him fair at all times. I have erans who have come back. There wera cut across the binding fiber of the private really enjoyed participating in the com­ defP.nse workers during the war who contract. It thrusts Federal Government ju­ could not get a job unless they would first risdiction into the area now reserved to the mittee of which he is chairman and the State and local jurisdiction. It writes a de­ work it has done. We worked sometimes pay tribute to a union. We want to pro­ tailed script for collective-bargaining nego- until midnight. You get a real thrill by tect the individual's right to work with· . tiations whereby labor and management being privileged to play on his team. I out having to pay tribute for the privi­ reach agreement by Government mandate have often thought that if all the people lege to work. and not of their own accord, and places heavy in New Jersey were like the gentleman A lot of union leaders in this country penalties on those who would depart an iota from New Jersey [Mr. HARTLEY] I would have as a goal the universal closed shop, from the Government-prescribed script. It like to go to New Jersey and meet more but we are fearful of what that would regiments the actions of the workers and lead to in this country. Mr. Van Bitner, employers. It subjects free and voluntaty of them. · organizations to all-embracing governmental In considering the question before us vice president of the CIO, when he was control. It does all of these things, and today it seems to me that in general testifying before our committee, said that more, and yet it is offered for the adoption there are two approaches to it. How are the OPA was as dead as a dodo bird. by the Congress in the name of free enter­ we going to determine what are fair Now, I questioned that. pr~e. wages? Are we going to have govern­ After all, if we go on making our de­ Sections 201 and 202 remove the United mental determination o~ wages, hours, termination ·of wages and hours and States Concil1ation Service from the Umted and working conditions? Are we going working conditions not by economic laws States Department of L.abor where it has or by economic forces but by governmen­ effectively functioned for many years and to restore and maintain the traditional sets it up as an independent agency. It American wage system where economic tal determination, and if we let powerful would forbid any employee of the Service laws rather than governmental edicts unions set prices on wages, hours, and to act as an arbitrator. The entire proposal determine how much a man can get for working conditions, we are going to find militates against sound judgment, is dia­ what he has to offer the public, namely, one of these days that by having a huge metrically opposed to the recommendations his services, his labor? powerful labor monopoly, or the Gov­ of the President's Labor-Management Con­ - It seems that in the past few years we ernment determining, if you please, ference and is supported by nothing but a wages, we are also going to have the Gov­ scattered expression o{ a· small minority of have been going down the line toward employers. governmental determination in this ernment determining commodity prices. Sections 203 and 204 prescribe a special country. When we talk about liberalism There is a very close, definite relation­ complex procedure to be followed in dis­ and conservatism and antedated ways of ship between wages, hours, and working putes found by the President to affect com­ doing things, to me we are harking back conditions, and commodity prices, be­ -merce in public ut111ties or services essential to the old European system of govern­ cause 80 to 90 percent of most commodi­ to public health, safety, or interest. The ment saying what a man can do and ties is labor after all. So, if we go down Norris-LaGuardia Act is "repealed with t·e­ what he cannot do. the line we have been goinfl with exces­ spect to all such cases, permitting the widest sive unionism, union determination of reliance on the court injunction against We have had perhaps 150 witnesses ap­ unions. The proposed plan is directed en­ pear before our committee. There were wages, we are going to have the OPA tirely against labor and is completely one­ over 2,000,000 words of testimony. back with all of its viciousness. sided. It provides for a compulsory sub­ More than one-third of our witnesses Mr. BUCK. Mr. Chairman, will the mission of such disputes to a fact-finding were labor leaders. To a man almost all gentleman yield? special board, headed by the Chief Justice these labor leaders were of the opinion Mr. SCHWABE of Missouri. I yield to of the United States Court of Appeals of that the solution to our troubles would be the gentleman from New York. the District of Columbia. It again requires Mr. BUCK. Can the gentleman con­ a secret ballot of employees on the accep­ greater union security and when we tabilit y of the employer's last offer, without would ask them for their recommenda­ ceive of a closed shop in which the mem­ regard to the union proposal. By setting up tion as to how to solve some of the abuses ber of a union retains his economic free­ a court of last resort, it promotes protracted that have crept up, invariably they would dom? disputes and would serve to thwart the pos­ recommend greater union security. If Mr. SCHWABE of·Missouri. Well, of sibility of a direct settlement. The plan they did not have the closed shop they course, there have been closed shops for would contribute nothing to the mainte­ wanted that. If they did not have the years and years and in many cases there n ance of industrial peace and would sub­ check-off they would want that-always were no abuses; in many cases the em­ ject labor organizations and collective bar­ ployer acquiesced willingly. But, it en­ gainin g to oppressive Government regulation something to make the unions more powerful. ables the union to have a stranglehold. and control. It furthers the labor monopoly. Mr. Chairman, I ask unanimous con­ The question is whether that is the There are two powerful weapons that sent to revise and extend my remarks way the American people want to go on enable unions now to control or to fix and to include as part thereof a state­ in the matter of settling what are fair prices and wages and working conditions ment by the American Federation of La­ wages, hours, and working conditions, and do it on a national scale. One js bor with reference to H. R. 3020, pur­ and determining those matters, or the closed shop and the other is indus­ suant to consent heretofore granted. whether we want to let economic rules try-wide bargaining. They are the two The CHAIRMAN. Is there objection govern and fix our wages and working eye teeth in this bill. They are the two to the request of the gentleman from conditions. Which method will make for things that we must take care of in this California? a sustained rising standard for our work­ bill, or else it will be a milk-toast affair. There was no objection. ing people? Which m~thod wil! keep our Mr. OWENS. Mr. Chairman, will the Mr. HARTLE¥. Mr. Chairman, I people free? Of all union members, gentleman yield? yield 10 minutes to the gentleman from about 77 percent belong to what we call Mr. SCHWABE of Missouri. I yield to Missouri lMr. SCHWABE]. compulsory membership unions; about the gentleman from Illinois. Mr. SCHWABE of Missouri. Mr. 30 percent of the 77 percent belong to Mr. OWENS. I think what the gen­ Chairman, I feel just a little bit queer the closed shop; about 27 percent to the tleman from New York was asking, with­ having the gentle~an from North C~ro-:- union shop; about 20 percent to mainte- out saying it specifically, is this: Would 3438 CONGRESSIONAL RECORD-HOUSE APRIL 15 it be possible f6r a workman working gone far enough. I disagree ·with my bers to be appointed from the public by under such conditions to achieve his b~--t distinguished chairman in that respect. the President of the United States. This effort, or would he be limited in his effort He feels that he has done a good job, that Commission was to make a complete and by a specific order? Could he be paid be has gone far enough, but I do not. thorough study of the underlying causes .for what he does as compared with what It is significant that those who have of lebor unrest and the report was to be the other man does? I think that is been shouting the loudest against bu­ in the hands of the President on or before what the gentleman meant by •·economic reaucracy in Government and the ex­ June. 1, 1947. It seems clear to me that freedom." penditure of taxpayers' money should bad this resolution been acted on the Mr. SCHWABE of Missouri. I will now be the loudest advocates of the es­ material before the Congress by June 1 cover that in a moment. I think. per­ tabJishment of an immense bureaucracy would have been the proper material to sonally, that perhaps industry-wide bar­ in Washington to govern and police the inform the Congress on labor-manage­ gaining is the most important thing; working people of America and which ment-relation problems. How ditlerent overshadowing in importance aU other would require sums of money far in ex­ this would have been from the program things. In this bill we put a ban on in­ cess of the combined annual exoendi­ that has been carried out. As an mus­ dustry-wide bargaining. tures of the Conciliation Service and the tration, the Committee on Economic De­ Industry-wide bargaining is undesir­ National Labor Relations Board. It velopment. which is composed oi some of able for the following reasons: It places would be well for the taxpayers to take the outstanding businessmen of the the public at the mercy of the labor mo­ a l!tt!e note of what is going on in Wash­ country. took 8 months for a study on nopoly. It impairs employer-employee ington among our Republican friends. how to m .ke collective bargaining more relationships. It tends to result fn po­ The American public is being a..11d has effective. The Committee on Education litical determination of conditions of been propagandized on this subject of and Labor attempted to cover the who1e employment and, lastly, wages cannot be labor regulation for the obvious purpose field of labor-management rE:1ations in set in relation to efficiency of producers. of compelling this Congress to write in a quarter of the time required by this IndiVidual effort is not given proper haste, without proper or adequate study, business group to study only one phase reward. Initiative and technological a bill to govern the activities of labor of the subject. . progress are ~ed. unicns and, incidentally, adversely affect Whatever else might be said about the When you have union-wide, nation­ the unorganized groups. As bas been great array of witnesses who appeared wide, or industry-wide bargaining. what­ said frequently, this kind of legislation before the committee, it cannot be said ever term you wish to call it, you destroy would destroy labor organizations by de­ that these witnesses bore· complet~ or the keystone of our free economy, you stroYing the right under the Constitu­ accurate testimony on the basic problems destroy competition to a large degree. tion to band together in organizations affecting labor-management relations. Talk about prices f The President of the for security and preservation. It is at Are we to Iegisla.te upon this kind of United St"uates says that we must lower the wage-earning men and women of information? I hope not. I do not be­ prices or else raise wages. Why, with America that this propaganda and legis­ lieve the American public would accept industry-wide bargaining it makes us lation is directed. It is they and only Jt. I do not believe the workers of this have higher prices, because you in effect they 'who are being persecuted. country would accept it: This legisJa­ subsidize marginal producers, and fn There is little I can say that would t!on, if enacted, and even as it is pro­ doing so allow too much profit to efficient change by one iota the plirpose of the posed, will create bitterness fn the hearts producers; you do not have indiVidual leadership in this House. What con­ of the working people. for they will feel, employers bargaining with their em­ cerns me most is that legislation de­ and justly so, that their rights are being ployees. You destroy competition, and signed to correct certain evils should be denied them. competition, we have learned from ex­ written with such inadequate prepara­ We are aU deeply concerned these days perience in our country and in other tion, investigation, and study. This about the activities. of the Communist lands, is the best regulator of prices the Congress has completelY ignored the Party, and yet fn this type of legisla­ world has ever known. It keeps prices warning of the President in his State of tion we cu.Itivate and fertilize the soU not too high and not too low, and when the Union message that- for the sowing and real.Jing of commu­ we stray very far afield and get away We must not under stress of emotion en­ nism. I was interested in reading re- · from competition and the fundamental danger our American !reedoms by taking cently an article 'in the March issue of economic rule, and substitute govern­ W-constdered action which will lead to re­ Atlantic Monthly entitled ucan Labor De­ mental rule, we get into p!enty of trouble. sults not anticipated or desired. feat the· Communists?.. by Meriyn Pit­ Then, such a thing ·as a fair price or Who is there to say that this proposed zele, who is labor editor of Business fair wage is only an accident. legislation does not run counter to the Week. The last two paragraphs are So, I speak a good word for this bill. warning of the President? It will do significant. and I quote them because We must support the ban on industry­ just what he said-lead to results not they make my point much better than wide bargaining in this bill or we will anticipated or desired. The President I myself could: go down the line toward a corporate also goes on to say: I! the growing tide of Communist power state, statism, governmental determina­ On June 11, 1946, in my message vetoing In the labor movement Is to be turned and tion of wages, hours, and working con­ the case- bfll I made a comprehensive state­ If lt Is not to become renascent, the public ditions, as well as commodity prices. ment of my views concerning labor-manage­ has two great responsibilities. It must first Only by placing our reliance on funda­ ment relations. J said then, and I repeat see tbat the un.ions are not broken by hasty, mental economic laws rather than po­ now, that the solution of labor-management ill-considered, or dubiously motivated legis­ difficulties is to be found not only in legis­ lation passed ln a mood of hysteria engen­ litical forces can Americans remain free dered by strikes. Breaking establlshed union and solvent. lation dealing directly with labor legislation but also in a program designed to remove Institutions would drive tbe American labor Mr. KELLEY. Mr. Chairman, I Yield the causes of insecurity felt by many work­ movement underground and deliver It lock, myself 10 minutes. ers in our Industrial society. stock. and barrel "to the Communist Party. Mr. Chairman, I am impressed today Only the Communists have the competence at the .number of experts we have on Here lies the nub of labor unrest and for running conspiratorial organizations in management and labor relations, so may labor disputes-insecurity. What has America today. and when the labor move­ I say before I start that I do not hold my­ this Congress, or any committee of this ment did come up again from underground, it would be brought up by them as a full· self out as an expert but I do have some Congress done to study and discover the fledged revolutionary vanguard prepared to ideas about this piece of legislation per­ underlying causes of labor unrest? fight for state power. haps a little bit different than those pro­ Exactly nothing. Instead time has been Finally, most important of an. there exists posed. devoted to the tackling of ·symptoms, the public obUgation, which no citizen can In the first place I am a strong advo­ not causes. Would that Congress could escape, to prevent another depression. With cate of the President's proposal that we cease being a medicine man and be-. their present resources,. give the Communists set up a commission to study this ques­ come a physician. natlonlil unemployment on anything llke tion, and not only the problem as it is House Joint Resolution 83 has ·been the scale at the early thirties arid they will use it to seize more than part of the labor represented by symptoms but by causes, lying in the House Labor Committee since movement. Nothing that could happen in because some of them are very funda­ January 23 of this year. This resolution this country or 1n the world would better mental. I do not think we have done called for six Members of the.Senate, six serve their pow.ei drive or the interests of that in this bill or that any Congress has Members of the House, and eight mem- their masters 1n Moscow. 1947 CONGRESSIONAL RECORD-HOUSE 3439 So, in our activities we are perfectly had experience in the hiring of many . praise ·concerning our chairman, the oblivious to the needs of vast millions people. gentleman from New Jersey [Mr. HART­ of working people in our_ country. We Mr. KELLEY. I thank the gentleman. LEY]. He has worked day and night and r permitted the cost of living to rise, we I wish everyone could have the op­ has been preeminently fair. It has been destroyed what few regulations we had, portunity to read the minority report, a pleasure to serve under him. and permitted shortages to occur in the and the majority report along with ·it. Mr. Chairman, for the first time in any basic necessities of life-all with the idea I believe the reader would be convinced bill submitted to this House for vote, the that business itself would take care of that there is much confusion in the American workingman is to be protected production and prices. Then we pro­ minds of those who support H. R. 3020. from the unfair labor practices of labor ceeded to tak·e from the hands of the I believe the reader will find that the organizations, by provisions which, in working people the instrumentalities minority report clearly points out the effect, constitute a bill of rights for which they have for their own i!1lprove­ danger of this drastic amendment to the workers. Some refer to these provisions ment. And, then, we wonder why National Labor Relations Act, of the as union democracy. They are definite strange "isms" will creep into the minds host of unfair l::tbor practices by em­ steps forward in the emancipation of the of these people. The living standards of ployees, of the destruction of union individual worker. They are distinct every American family are threatened by security, of the amendments to the Clay­ gains for the worker. In ViEf_W of that this bill. Not only organized, but unor­ ton Act, the Norris-LaGuardia Act, the fact, is it not strange that the labor ganized, workers w!ll be driven to lower Corrupt Practices Act, and others, and leaders who appeared before the com­ standards of living. Hunger and inse­ shows beyond a doubt that the ultimate mittee suggested none of these pro­ curity wi11 come into their homes. All objective of the bill is to weaken labor visions? Probably the most noteworthy of our workers, industrial workers, clerks, unions in their collective-bargaining pro­ feature of the hearings was the almost white-collar workers, salesmen, will be cedures. I believe the reader will readily uniform opposition of the labor leaders to hurt by the enactment of this legisla­ see that this bill is entirely in opposition any changes in the present labor laws. tion. Strangely enough there was very to the wisdom of the President's pro- They urged us to let well enough alone. little testimony before our committee posal. · If the past and present conditions were with relation to the average wage to­ It should be borne in mind here that good, if labor peace exists, then their ar­ day, the cost of living today, the in­ all management is not interested in this gument would be sound, and would be evitable depression which is coming, kind of legislation. · We have been hear­ most persuasive. But you know the facts although these are basic considerations ing from a most articulate and vociferous prove otherwise. in the problem. group in management, but I am not con­ The words of the testimony piled up This bill, H. R. 3020, was written vinced that this group speaks for man­ story after story of violence, intimida­ around certain premises. For instance, agement as a whole. I think manage­ tion, and extortion, community paraly­ someone said at sometime that the rank ment would find this legislation a nui­ sis, conspiracies to stop the necessities of and file members of labo:r: unions are sance. If the managers think they have life-food, fuel, transportation, ·and coerced and compelled to follow leaders trouble now, just let them try to operate communications--conspiracies to re­ which they do not like, that undemo­ under this proposed legislation. They strict production, and to control prices; cratic practices are followed in the af­ will be coming down here to Congress denial of rights to employ, or be em­ fairs of labor unions. How was this de­ and crying to high heaven for relief. If ployed; denial of free speech; invasion termined? Who is capable of saying the legislators who are the proponents of and suppression of democratic proc.esses these these accusations are true or false? this measure imagine for 1 minute that by the Federal agencies, in collusion Certainly, no investigation was made of it is going to bring peace between labor with union tyranny; denial of home rule these charges, and they are only two and management, they are in for a sud­ to workers; communistic infiltration and of many. Can it be assumed that over den and serious awakening. The Ameri­ un-Americanism. 14,000,000 working people of America can workingman is a long-suffering in­ The labor leaders brush aside these ex­ join labor unions because they are co­ -dividual, as past history will prove, but amples of union coercion, violence, and erced or threatened? Those who say he will subject himself to chains only so communistic domination by saying they that, they have no understanding of the long. The day will always come when he are but isolated cases. Mr. Chairman, impending motives which cause people to will rise up and smite his enemies. The we were able to obtain only a sampling band together in labor organizations. supporters of H. R. 3020 must overlook in such a short period of time, but the There may be instances of coercion hav­ the fact that anything that circum­ record clearly discloses a distinct pat.. ing taken place, but such a great num­ scribes the liberties of the workingman tern, extending from Connecticut to ber of people must have been willing and his right .to improve his working California, and from Wisconsin to Ala­ to unionize voluntarily. Why have conditions and security is violently re­ bama. these charges not been investigated? sented, because it is not only he but his The record of the testimony, the pub­ Why do we close our eyes to a complete family who is affected. It is the threat­ ened impoverishment of his children, the lic-opinion polls, and the mail from peo­ examination of them~ That is one of ple throughout the length and breadth of the mystifying things, and the only con­ deprivation of proper f6>od and clothing and education, which creates bitterness the land, demand correction of these con­ clusion one can draw is that we c;lo not ditions. They cry out for the adoption want to know the truth, that we want to in him. So we had better weigh well the consequences of any kind of legislation of fair and equitable rules of conduct to believe what appeals to us most. I know be observed by labor and management from personal experience that many of that affects the intimate life of our work­ ing people. in their relations with one another; for these charges are not true. I know how the protection of the rights of individual eager working people are to have the In any legislation we should attempt to raise the standard of living, not drive workers in their relations with labor.or­ opportunity to join labor organizations. ganizations and employers; and for the I know that threats or violence or in­ it down. All society is benefited by such a positive approach rather than a nega­ recognition that the public interest is timidation cannot keep them away from paramount in labor disputes affecting organization meetings. tive one. We should not forget that there are between 55 and 60 million commerce, which endanger the health, Mr. HOLIFIELD. Mr. Chairman, will working people in this country who have safety, or welfare of all our citizens. the gentleman yield? families. They are the great bulk of our The bill before you today seeks to ac­ Mr. KELLEY. I yield. population. The imposition of this kind complish these purposes. Yet we find Mr. HOLIFIELD. I would like to say of legislation by a few is contrary to these same labor leaders who refused to for the benefit of the Members of the the concepts of a free people. · Again I cooperate in any way during the hear­ House that the gentleman from Pennsyl­ say that what we need at this time are ings, who stated that no changes were vania [Mr. KELLEY] is in the coal-min­ enlightened physicians, not medicine needed, who were contemptuous of ing business in private life, and he has men. Members of Congress attempting to find had a great deal more experience with Mr. HARTLEY. Mr. Chairman, I yield a proper solution of these problel!ls, the hiring of labor than the average 12 minutes to the gentleman from Penn­ now launching a propaganda campaign Member of this House. Therefore, I sylvania [Mr. MCCONNELL]. to smear the bill and those who partici .. think the words he is giving us come from Mr. McCONNELL. Mr. Chairman, I pated in its preparation. Tl!e familiar the standpoint of an employer who has "take this opportunity to speak .a word of slogans of "antilabor," "reactionary,'' 3440 CONGRESSIONAL RECORD-HOUSE APRIL 15 "Fascists," and so forth, are hurled forth . conduct, tending to bring the labor or­ collective bargaining as marriage laws in every direction. ganization into disrepute. are designed to protect and encourage the Actually, how unfair to the individual A labor union cannot fine or discrimi­ institution of the family. But happy laboring man is this bill? Page after nate against any member because he labor relations are no more guaranteed page speaks of the rights of the employee, criticized the organization or its officers, by the one than happy domestic rela­ of the workingman; and sets up provi­ or because he failed to contribute, sup­ tions are by the other. In the field of sions to .safeguard them. Would the port, or vote for some candidate for civil labor relations, the human element is labor !eaders wish to eliminate them? or labor organization office; nor can a very important. Attitudes, mutual fore­ Would they wish to do away with the labor organization employ or direct any bearance, and consideration, are no less provisions to safeguard the public inter­ person to spy upon any member, or in­ important than in family relations. est in certain types of strikes? timidate his family, or injure the person We are emerging from the economic The bill continues the right of the or property of a member or his family. aftereffect of the greatest war in all workingman to organize and bargain Are these bill-of-rights provisions history. collectively. Not one word-and this antilabor? Since VJ-day, the take-home pay of should be emphasized, Mr. Chairman, This bill seeks to protect the freedom the industrial worker has decreased over not one word-calls for lower wages, or of the individual worker. It attempts to 30 percent. The wartime 48-hour week poorer working conditions. It recog­ emancipate him from abuses of power was reduced to 40 hours. The cost of nizes his right to select his own bar­ by either a labor organization or an em­ living in industrial areas has sky-rock­ gaining representative by secret ballot, ployer. Again, let it be stressed-not one eted 35 percent since the shooting war free from .any coercion from an employer word calls for lower wages or poorer stopped. The major portion of this un­ or a labor organization. ·It sets up pro­ working conditions. reasonable increase in the cost of food, cedures for collective bargaining, instead Does the individual worker know that? clothing, and so forth, took place since of following the hit-or-miss methods of Has he been informed of all the pro­ price control was ruined last June with the past, which only led to friction and visions in this bill? the power of the Republican leadership misunderstanding between employer and Does he consider the entire bill anti- leading the execution. employee over the question as to whether labor? - A great number of employers who tes­ or not collective bargaining had actually Why not let the individual worker tified at hearings on this bill, admitted taken place. Methods are prescribed to decide for himself? that reduced take-home pay and the in­ insure that the workingman will be in­ He and the public should be the real creased cost of living since VJ -day con­ formed of the issues of a dispute, the judges in the last analysis. tributed greatly to labor unrest and areas of agreement and disagreement, Mr. LESINSKI. Mr. Chairman, I yield strikes during the last year and a half. the latest offer of the employer, and then 15 minutes to the gentleman from Indi­ Last June the Republicans in Congress the opportunity by secret ballot to decide ana [Mr. MADDEN]. killed price control and the cost of living for himself, whether he wishes to accept Mr. MADDEN. Mr. Chairman, the Na­ has skyrocketed. This impossible eco­ the latest offer of the employer or to tional Labor Relations Act which was en­ nomic situation is the cause of our in­ strike. acted 12 years ago, has been known as dustrial unrest. Congress should try and Under the designation of unfair labor labor's bill of rights. It was intended to solve the high cost of living problem practices, an employer cannot interfere encourage collective bargaining between instead of trying to. saddle the so-called with an employee in the formation or employer and employee. It gave em­ Hartley bill on the baclts of the American administration of a labor union, nor can ployees freedom to join unions without wage earners. The Hartley bill will pro­ the employer refuse to bargain collec­ employer interference. When the prac­ mote industrial confusion and chaos and tively with the representative selected tice of collective bargaining is universally postpone reconversion beyond measure. by the employee, nor can the employer accepted in good faith by the American discharge an employee because he filed employer and employee, we will enjoy COMMITl'EE HEARINGS charges or testified under this bill, nor industrial peace. The Committee on Education and can an employer deduct money from an I am opposed to H. R. 3020, known as Labor held hearings for a period of 5 employee's own pay check for union dues, the Hartley bill, bem~use it practically weeks. The vast majority of the wit­ fees, or assessments without written per­ nullifies the Wagner Act. It also com­ nesses who testified before the commit­ mission of the employee, who has the plicates and weakens the collective-bar­ tee were bitterly antilabor and a great right to withdraw this permission at any gaining procedure. Collective bargain­ number were employers who h~d ex­ time on 30· days' written notice. ing between employer and employee is perienced labor difficulties and strikes. Are these provisions antilabor? democracy in action. On questions propounded by some of the And here are the new provisions, de­ In 1935 when the Wagner Act was minority members, it was revealed that fining the unfair labor practices on the passed, less than 4,000,000 wage earners practically all the employer witnesses part of a labor organization: Unions can­ were unionized. Today there are ap­ had made no effort to comply with the not interfere or coerce inwviduals in proximately 15,000,000 in both affiliated collective-bargaining provisions of the their right to organize or bargain col­ and independent unions. Since 1935, National Labor Relations Act. Press re­ lectively, nor can they compel them to wages, working conditions, and living leases were given almost daily during become or remain a member of any la­ conditions have greatly improved, not these hearings by the chairman and some bor organization. They cannot normally only for the 15,000,000 union members, of the Republican members in order to . charge initiation fees greater than $25 but also for approximately 30,000,000 build up a case against union labor in per member, nor charge dues that are other American wage earners. the minds of the American public. In a not uniform for the same class of mem­ One of the greatest accomplishments number of instances, witnesses testify­ bers, nor sell work permits, nor deny any of the Wagner Act has been that it pro­ ing in behalf of union labor were heckled, member the right . to resign from a tected the employee if he desired to join interrupted, and silenced so they were union at any time. A labor organization a union. Previous to the Wagner Act, unable to present their views in a coher­ cannot deny a secret ballot on any ques­ most individual wage earners were un­ ent fashion. On the other hand, wit­ tion involving fees, dues, assessments, able to bargain on an equal plane with nesses who were offering testimony in fines, striking, or union policy; nor fail their employers. Most employers as­ criticism and opposition to the Wagner to hold elections of officers at least every serted their economic power by destroy­ Act or union· labor, were listened to in 4 years; nor expel or suspend any mem­ ing the wage earners' attempt to pool courteous silence by the majority mem­ ber without an opportunity to be heard, their numerical strength. It was then bers of the committee. If they failed to or on any ground other than, first, non­ impossible to establish that equality of make a point, there was always a helpful payment of dues; second, disclosing con­ position between the parties in which true Republican Congressman ready, alert, fidential information of the labor organi­ liberty of contract begins. You cannot and willing to explain his meaning more zation; third, particip~.ting in a violation have collective bargaining until em­ clearly. of a collective-bargaining agreement· of· ployees are free to act without fear of After the public hearings closed, the his union; fourth, being a member of or employer retaliation. committee members of the majority promoting the Communist Party; fifth, The Wagner Act was designed to pro­ party held secret sessions and proceeded conviction of a felony; Sixth, scandalous tect and to encourage the institution of to write H. R. 3020, known as the Hartley 1947 CONGRESSIONAL RECORD-HOUSE 3441 bill. The majority of the minority mem­ · If the parties could not reach an agree­ union members, and eliminate the low­ bers were excluded from these meetings. ment during the so .. called 30-day period, ering of standards caused by competition For over 2 weeks the iron curtain was the employees would still be prevented with nonunion workers, and thereby pro­ drawn against most of the minority from engaging in a strike to enforce their mote higher efficiency and productivity. members, and, finally the gentleman demands because of further procedural They give to labor organizations a sense from New Jersey, Chairman HARTLEY, reqtlirements which by their nature of security from attack by rivals and called an executive meeting of the com­ would bring further delay. Thus the thereby facilitate good relations with mittee for 1 p. m. on· last Thursday. April employer would be given a reasonable management. They also enable union 10, to vote on this bill. The minority time to inform the employees of the is­ leaders to devote more attention to ad­ members received a copy of this bill a few sues and his last offer of settlement. ministration of collective agreements hours before the committee meeting. And again, after the employees are so and less to defending themselves against The Member from Indiana, now address­ informed, the administrator is given a raiding. ing the House, moved that the executive reasonable time to provide for the re­ If this bill were designed, among other committee meeting be postponed until quired secret ballot. Even if the admin­ things, to outlaw the closed shop, closed 10 a. m. the following Monday to give istrator desires to expedite the balloting, union arrangement only, and to permit the minority members an opportunity to the present practice of the majority party union security arrangements that were study this 68-page document of labor of denying sufficient funds to labor not based on the closed union practice, it legislation. I asked that we be given time agencies in the executive branch of the has gone far beyond what was needed to acquaint ourselves with the compli­ Government, would undoubtedly make it to achieve that purpose. This, in effect, cated mechanism of this highlY involved impossible to employ sufficient personnel means that the union is shorn of its pow­ bill. My motion did not prevail. to hold such elections promptly. er to discipline its own members for good Since becoming a Member of this The provision requiring the union and cause. House, I have served on the Post Office the employer to make separate summa­ DENIAL OF INDUSTRY-WIDE BARGAINING and Post Roads Committee. During that tions of the issues and their positions on the issues to the employees is another In outlawing industry-wide bargain­ service, former Chairman Burch, of the ing, this bill disregards the fact that Post omce Committee, did not at any delaying maneuver. The method of pre­ senting the issue would resolve itself into employers compete with one another, time call together the majority members both as to the price and quality of their formally or informally to the exclusion a confusing propaganda campaign. Each side would attempt for position in a more product and for labor. It is unthink­ of the minority members. During the able, for example, that the large steel. last session, I served on the Naval Affairs favorable light. From the above, one can plainly see manufacturers, all of whom compete for Committee. At no time did the gentle­ labor in the Indiana Calumet area, can man from Georgia, dhairman CARL VIN­ that this legislation is a clever maneuver pay a different wage scale. Yet, this SON, call the majority members of the to destroy collective bargaining and deny the wage earner his only weapon to bet­ provision would necessarily mean that committee formally or informally to the the wage levels of entire industries would exclusion of the minority members. In ter his working conditions and income, composing this legislation, the chairman to wit: the right to strike. be forced down to the lowest level which - - any substantial group of employees were of the Committee on Education and La­ CHECK-OFF inclined to, or could, accept. bor, with the cooperation of the majority This bill makes it an unfair-labor Under this subsection of the bill a members, succeeded in practically elim­ practice for employers to make deduc­ union that has been designated as a col­ inating the two-party syster:q as far as tions from employees' compensation for lective-bargaining representative would the legislative operations of this com­ union dues, known as the check-oft. be ineligible to be certified as the repre­ mittee are concernea. I am confident This system, whereby pay-roll deduc­ sentative of the employees of any com­ that when the membership of this House, tions are made for payment to union peting employer, unless the employees after listening to the debate in the Com­ organizations of certain authorized involved are less than 100 in number and mittee of the Whole and making a thor­ funds, is well established in the Ameri­ the plants of the employers involved are ough study of the complex, highly in­ can industrial pattern and widespread less than 50 miles apart. A provision volved legalistic structure and the re­ in its application. more inconsistent with the policy of the strictive provisions which will, if enacted, In the manufacturin2' industries alone, bill set out in section 1. to minimize m­ deny the wage earner of America ade­ nearly 5,000,000 workers, approximately dustrial strife and to encourage peaceful quate collective-barg~ining protection, 50 percent of all workers in this indus­ settlement of labor disputes, could the now apparent solid Republican en­ try, had their union dues checked off in scarcely be imagined. dorsement of this bill will be greatly 1946. Both in effect and in theory, the The impairment of industry-wide bar­ shattered. subject of the check-off is -a legitimate gaining that might well follow from the COLLECTIVE BARGAINING subject of contract and meets with the enactment of this bill would upset exist­ The Supreme Court has often pointed approval of the great majority of manu­ ing collective-bargaining pratices which out that collective bargaining under the facturers. have proved successful in many indus­ present act, means "negotiating in good THE CLOSED· SHOP AND UNION SECURITY tries and made important contributions faith." Yet nowhere in the definition of This bill makes it an unfair-labor to industrial peace. · collective bargaining in this act is there practice for an employer to require mem­ Employers as much as employees have any reference to good faith. The bership in a union as a condition of em­ benefited from this practice and have parties are required to hold at least five ployment. testified in favor of its continuance. conferences during a 30-day period to The effect of this section outlaws the Such Widely varied employer groups as discuss the issues in the dispute. But closed-shop provisions in existing· con­ the men's clothing industry, the run..: the 30-day period does not begin to run tracts covering millions of workers and fashioned hosiery, ship building, and the until the first conference has been held. would result in nullifying many of these maritime industries have testified to the It vaguely requires that this conference contracts in their entirety. The result efficacy of industry-wide bargaining as a must be held within a reasonable time would be chaos and confusion of indus­ means of promoting stability and peace after receipt of proposal by one party. trial relations in vast and vital sectors in industrial relations. · This would avail an obstinate employer of our economy.. Union security agree­ Experience has shown also that indus­ numerous delaying tactics to the detri­ ments have a recognized function in in­ try-wide bargaining has made a valuable ment of the wage earner. The only dustrial relations. Such agreements pre­ contribution to the promotion and main­ course of the wage earner in the face of vent nonunion workers from sharing in tenance of fair standards in wages, such tactics would be the filing of an un­ the benefits resulting from union activi­ hours, and working conditions, to the fair labor practice before the board. ties without also sharing in the obliga­ benefit not only of the living standards After a long period necessary for a hear­ tions. They are a manifestation of the of the wage earners of this country but ing and appeal, the employer might be democratic principle of majority rule and also the prosperity of the employers in ordered to bargain ·collectively. During the sharing of the obligations by a mi­ the industry. The stabilization of wage this period, the wage earner would be de­ nority in return for benefits received. rates through industry-wide bargaining nied the use of his only weapon, his con­ They prevent the weakening of labor or­ has helped to discourage unfair competi­ stitutional right to strike. ganizations by dilcrimination against tion with respect to wage ·rates and has 3442 CONGRESSIONAL RECORD-HOUSE APRIL 15 enabled the great majority of fair­ aging over 50,000,000 wage earners of the very diligently on the bill: but we bad minded employers to operate at the Nation. the benefit of his knowledge and advice American level of fair play and decency. Mr. HARTLEY. Mr. Chairman, I as the Democrats themselves had for 15 Although the sponsors of this proposal yield 10 minutes to the gentleman from years prior to this year. We have had, undoubtedly did not intend it, one of the New York [Mr. GWINN]. of course, a tremendous number of pro­ significant effects of any weakening of Mr. GWINN of New York. Mr. Chair­ posed bills offered to us in the committee. industry-wide bargaining would be to man, the gentleman from Indiana [Mr. Mr. McCORMACK. Mr. Chairman, seriously impair the bargaining power of MADDEN] who has just addressed the will the gentleman yield at that point? many employers. Unions would be Committee, criticized this bill because it Mr. GWINN of New York. I yield to aided in a policy of picking ot! employers would, said he, in effect nullify the Wag­ the gentleman from Massachusetts. one by one. Employers who sought to ner Act. I, for one, wish it did. If this Mr. McCORMACK. I have a very higb protect themselves against such tactics bill could simply read, "The Wagner Act regard for Jerry Morgan, and I know him by ·organizing and bargaining as a unit of 1934 is hereby repealed, period," this in connection with the legislative service. would be hurt by a limitation on indus­ would be a great law and ·a great day in but is he still connected with the legisla­ try-wide bargaining. On the other American jurisprudence. tive service of the Congress? hand, unscrupulous labor racketeers or Mr. RAMEY. Mr. Chairman, will the Mr. GWINN of New York. I do not radical elements would be free to follow gentleman yield? know. a policy of divide and conquer. That is Mr. GWINN of New York. I yield. Mr. McCORMACK. I understand he the reason why small employers, par­ Mr. RAMEY. I was quite concerned is not, that he is now outside of Gov­ ticularly, look to industry-wide bargain­ early in the afternoon when the gentle­ ernment service. Now, with no reflection ing as their only hope of gaining some man from Massachusetts [Mr. McCoR­ on Mr. Morgan, the gentleman has given approximation of equality with large and MACK] in good faith asked a question, not a piece of .evidence which shows that a powerful unions. ' for or against this bill, but which im­ very able man, but a man with outside CONCLUSION pugned, to a great extent, the honor of connections, assisted in the drafting of I would heartily endorse any practical Congress. The question was not an­ the bill. There is no impugning of mo­ legislation that would aid in eliminating swered. I asked the gentleman from tives, for he is a very fine gentleman and industrial disputes. Had the Congress Michigan [Mr. LESINSKI] to yield and he I have a very high regard for him, but I followed President Truman's recommen­ refused to yield. I also asked the gentle­ understand Mr. Morgan is no longer con­ dation in his State of the Union message, man from Michigan [Mr. HoFFMAN] and nected with the legislative counsel of the we would be well on our way toward com­ he did not yleld. The gentleman from House. mon-sense and stable legislation for Massachusetts asked the question or made I proceed no further because under no industrial peace. The President recom­ the statement that there had been a condition would I ·personally draw any mended that the Congress create a tem­ rumor that someone has lobbied, not be­ inferences of his sincerity or that of porary joint commission to inquire into fore the committee, not in testimony, not those associated with him, but I under­ the entire field of labor-management re­ in the open, but as if it had reached stand he is no longer connected with Uie lation, composed of 12 Members of Con­ hotel rooms, as has been reported in some House organization. gress chosen by Congress and 8 members of the newspapers. Mr. GWINN of New York. I thank the representing the public, management, What I as a Member of Congress would gentleman from Massachusetts for not and labor. He suggested that this com­ like to know is whether any Congress­ drawing any inferences. I hope those mission investigate and make recom­ man has met on this bill with groups in who have any inferences to draw will mendations on certain changes, such hotel rooms. If so, their names should specify the names and places where they as: be given out; if not, such implications say conferences took place outside the First. Nation-wide strikes in vital in­ and innuendos should not be made. corridors of this Congress. dustries. affecting the public interest; W'ith all the testimony that has been Mr. BROWN of Ohio. Mr. Chairman, Second. Methods and procedures for heard on this bill in the open light of day will the gentleman yield? carrying out the collective-bargaining in the committee room in the presence Mr. GWINN of New York. I yield. process; and of members of both sides, I wish to ask Mr. BROWN of Ohio. The thing that Third. The underlying cause of man­ a member of the committee what I was really is important is the substance of agement-labor disputes. going to ask both the gentleman from this bill and not who helped prepare the The consuming public of America well Michigan and the gentleman from Mas­ bill. Is not that true? remembers President Truman's request sachusetts, but they refused to yield to Mr. GWINN of New York. I thank the a year ago that Congress continue price me. gentleman. control and keep down the cost of living. Mr. GWINN of New York. I thank the Mr. BROWN of Ohio. It makes no Had the above recommendations of our gentleman from Ohio for asking the real difference where you get the benefit President been followed, the cost of liv­ question as to how the bill was drawn of certain information; you can take it ing would have been controlled and in­ and where. It has also been recorded and use it or not as you see fit. There creased wage demands and industrial that this is the first time in something is not a Member of this Congress, in­ disputes would not be haunting the like 14 years that a major bill of this cluding the leadership on the Demo­ American people today. The responsi­ kind has actually been drawn in the Con­ cratic side, that does not receive sug­ bility for the rejection of the above re­ gress and in the Congressmen's own gestions and advice from all sorts of quest of President Truman can be laid rooms. I suppose it may be an occasion people. at the door of the Republican leadership for wonder. I believe I worked with the As far as I am concerned, and as far in Congress. In its place the Republi­ committee nearly every night after the as any decent Member of Congress is can-controlled Eightieth Congress is now hearings. As you know, the hearings concerned, I expect to legislate as I see presenting to the American people this ran for 7 weeks. When we had finished fit, taking all of the information I can legislative monstrosity known as H. R. examining witness.es during the day receive from any and all sources, using 30ZO, the Hartley labor bill: about the only time the Members had my o:wn judgment and my own con­ I am fearful that if this bill is enacted to work was at night, and various Mem­ science and what little intelligence God into law in its present form, industrial bers were working continuously, some­ gives me to write the kind of legislation democracy in America will be shattered. times until 2 and 3 o'clock in the morn­ I believe will be proper for the Congress Living wages, good working conditions, ing in their own rooms. to pass upon. . and future security for the American I know of no occasion when any Mem­ Mr. GWINN of New York. I thank home is the greatest bulwark we have ber met with others in hotel rooms in the gentleman for referring to the fact against fascism and communism. connection with the drawing of this bill. that the real test is whether or not we Since VJ-day we have been struggling There are seven or eight lawyers on the know a good idea ·when we see one. with peacetime reconversion and grad­ majority side of the committee and they Mr. BROWN of Ohio. Will the gen­ ually overcoming the natural aftermath worked long hours and late on these pro­ tleman yield for one further question? of the greatest war in our history. I visions. Mr. GWINN of New York. I yield. hope the Congress will not impede our We did have the advice and counsel of Mr. BROWN of Ohio. · Is it not a fact fight to return to peacetime prosperity Jerry Morgan, who was the counsel of that a man by the name of Van Bittner, by enacting this legislation and discour- the committee for 15 ~ears. He worked now connected with the CIO, testified 1947 CONGRESSIONAL RECORD-HOUSE 3443 before your committee that he wrote the testimony given before the Rules Com­ Mr. MADDEN. The gentleman from famous Wagner Act? mittee indicated very clearly that this New York is incorrect when he states that Mr. GWINN of New York. I am glad bill was the legislative work of the mem­ I voted against every provision. I voted the gentleman mentions that. We al­ bers of this committee. While it is true "present" a number of times. most had a fist fight between Van Bittner that most of the work on this bill was Mr. GWINN of New York. I beg the and Green as to which one wrote the done by the Republican members of the gentleman's pardon. I am glad to be_ Wagner bill. committee, that is nothing new or corrected. Mr. BROWN of Ohio. What differ­ nothing unusual. The Republicans have New, the reason this bill has to be ence does it make who wrote it if Con­ been doing most of the work for a long changed, if we are going to have any gress finds it is a good law and passes it? while in this Congress. The Republican legislation at all to improve our labor Mr. GWINN of New York. I do not Party now has the responsibility for pre­ relations, is illustrated by the provision think there should be any difference at paring and bringing legislation to this that exempts supervisors. You know, ail. floor for action. That is exactly what the original bill was enacted to protect Mr. McCORMACK. Mr. Chairman, this committee has done, as I understand labor from bosses-from so-called pow­ will the gentleman yield again? ~~ . erfu-. combinations of employers. No­ Mr. GWINN of New York. I yield to The CHAIRMAN. The time of the body ever dreamed that the ... rank-and­ the gentleman from Massachusetts.· gentleman from New York has expired. file leadership would get · afound and Mr. McCORMACK. I am very much Mr. HARTLEY. Mr. Chairman, I finally press the supervisors-the fore­ interested in the general observation yield the gentleman five additional min­ men in the plants-to make them join made by the outstanding brain of the utes . . a union. After a while they saw it Republican Party in the House. Mr. MAcKINNON. Mr. Chairman, will worked so well that they said, "He is our Mr. BROWN of Ohio. I thank the the gentleman yield? boss now, but we will take him in and gentleman. Mr. GWINN of New York. I yield to then we will boss him." By the same Mr. McCORMACK. I hope he will the gentleman from Minnesota. token, after a while, they can take in very carefully check what he just said Mr. MAcKINNON. I would like to an­ the vice presidents of the company and and put some very sharp limitations swer the gentleman from Massachusetts. say, "Let us boss the whole outfit.'' They upon it, because it is important whom Mr. DINGELL. Where? could do it because they have such 'tre­ one works with at times. Certainly if Mr. GWINN of New York. ·In room mendous votes. They could take in or there were a power lobby operating up 547, Old House Office Building. exclude anybody in their bargaining unit there and they were sitting in in connec­ Mr. MAcKINNON. Who asked that that they wanted to take in. So this law tion with the draftin;s of a bill, I lmow question? simply excludes supervisors. They can­ the gentleman would not stand for that. Mr. DINGELL. I did. not belong to a rank-- and-file union or­ The gentleman has opened up a lot of Mr. MAcKINNON. I thought so. I ganization; they are supposed to repre­ questions. His statement is general, and may say this, in answer to the gentle­ sent management; they are supposed to I suggest to my friend that he very care­ man from Massachusetts, that immedi­ direct and to discipline and to be loyal fully edit what he said because he stated ately after the conclusion of our hear­ to the management's point of view. in his general remarks that anything can ings and before a word was put on paper, Mr. CRAWFORD. Mr. Chairman, will go. Well, everything cannot go under and without any outside lobbying or in­ the gentleman yield? certain conditions. terference, we voted as to how we stood Mr. GWINN of New York. I yield to Mr. BROWN of Ohio. Will the gen­ on every single controversial proposition the gentleman from Michigan. tleman yield further? in this bill. Mr. CRAWFORD. Does the bill pro­ This legislation in its present form, Mr. GWINN of New York. I yield to vide any kind of union for foremen or while it is not in conformance with the supervisors? the gentleman. wishes or desires of any single member Mr. BROWN of Ohio. May I say to of the committee, conforms exactly to Mr. GWINN of New York. It does not. the gentleman from New York for the what the committee members on the Re­ It simply excludes them. Supervisors or distinct benefit of the gentleman from publican side voted for, plus the final foremen may organize as they did before Massachusetts, and I stand upon this amendments that were made when the the Wagner Act, but they have no stand­ statement, that after all the thing that bill went to the full committee. In the ing under this bill. · counts in connection with legislation is earlier actions I understand that Demo­ Mr. CRAWFORD. But it does abso­ the legislation itself. Why I have even cratic Members who were friendly to the lutely prohibit affiliation with a rank and known of good ideas, legislatively speak­ idea of legislation were contacted, and file union. ing, coming from the Democratic side of I personally discussed some of the is­ Mr. GWINN of New York. It does. the aisle in this House. I have sup- sues with some of them. Does that an­ Mr. CRAWFORD. I thank the gentle­ ,ported such legislative ideas, not because swer the gentleman's question? man. of the source from which they came but, Mr. McCOR-MACK. I am just simply Mr. MADDEN. Mr. Chairman, will rather, because they stood on their own inqmrmg. The gentleman mentioned the gentleman yield further? feet and my own judgment, my own con­ Jerry Morgan's name. The Republican Mr. GWINN of New York. I yield. science, my own intellect told me they members met by themselves, did they? Mr. MADDEN. May I ask if a gentle­ were good suggestions. Perhaps the Mr. MACKINNON. That is right, and man by the name of Theodore Eiserman gentleman may find good suggestions in consulted with the friendly Democrats. ever sat in with the majority Members many different sources in this life of Mr. GWINN of New York. With fur­ and aided in the drafting of the bill? ours. Even Tommy Corcoran and our ther reference to the gentleman from In­ Mr. GWINN of New York. Theodore friend Cohen, the famous writers of the diana, who is a member of the commit­ Eiserman, as you know, was what we "must" legislation of the New Deal days, tee, and his complaint about not having thought one of our best witnesses. He brought bills up here that the gentlemen more time to work on this bill. He was introduced not only a fine · statem~nt on of this House accepted without question like Mr. Green and Mr. Bittner and Mr. the law, but introduced his own book, and at all, some of the great legislation for Murray, who testified that positively not on occasion I conferred with him in my which some Members}. see on the floor a dot nor the crossing of a "t" should office. have received great credit. That came be changed on their bill, and that was The· CHAIRMAN. The time of the from individuals who were in no way con­ the attitude for more than 2 days of the gentleman from New York has again ex­ n ected with the Congress. gentleman from Indiana who voted pired. - Mr. McCORMACK. I am sorry I put against every provision. We naturally Mr. HARTLEY. Mr. Chairman, I yield my friend on the defensive so much. assumed that if we went on for days, his three additional minutes to the gentle­ Mr. BROWN of Ohio. The gentleman attitude towards this bill would be the man from New York. does not have me on the defensive. but, same. I trust we have not missed any­ Mr. GWINN of New York. One other rather, he is in the position where he thing. reason why thls bill must be amended is will have the opportunity to explain some Mr. MADDEN. Mr. Chairman, will the that men who violate the law have been of the discrepancies of the past. gentleman yield? exempted from the processes of the law I would like to conclude by saying to Mr. GWINN of New York. I yield to under the Wagner Act. One of the most the gentleman from New York that the the gentleman from Indiana. ~vii things that has been rolling up UD:_der 3444 CONGRESSIONAL RECORD-HO'USE APRIL 15 · . this bill for the last 14 years iS utter law­ ployees and want only to destroy his ganized effort to exploit the public gen­ lessness and violence, because men who property. When he has tried to dis­ erally for the special benefit of the group commit violence cannot be prosecuted charge Communists and trouble makers itself. It should stop the growth of the successfully under the W~gner Act sup­ he has been prevented from doing so by group in its compulsory unionism as it ported by the LaGuardia Act. Listen to a board which called this union bating. stopped monopoly group power of indus­ this language which has been set aside Be has had to stand by helpless while try 50 years ago. It recognizes and deals by this new bill. It is an astonishing employees desiring to enter his plant with the dangerous expansion of union­ statement when you set it alongside the legally to work have been obstructed by ism into a kind of labor cartel, a com­ lawlessness for which there has been no violence, mass picketing, al.ld general plete monopoly. remedy. This is section 6 of the Norris- rowdyism. He has been unable to speak The whole of society is even now de­ LaGuardia· Act: · against irresponsible slander, abuse, and prived of coal, telephones, steel, motors, No officer or member of any association or vilification against him. food, and houses, and compelled to bow organization, and no association or organ­ His business often has been brought to its labor masters as the members of ization participating or interested in a labor to a standstill by jurisdictional fights and the union themselves have been com­ disput e, shall be h eld responsible or liable disputes for which he himself had no pelled to do. For example,' they have in an y courttof the United Stat es for the un­ responsibility or possibility of settling. maintained the costs of building houses lawful acts of individual officers, members, or And finally, he has been compelled by at such high prices-costs of building agents, except upon clear proof of actual part icipat ion in, or act ual authorizat ion of, the laws of the greatest democratic coun­ houses being nearly 100 percent labor, such acts, or of ratification of such acts after try in the world to be a part of a rising past or present-and thereby so reduced actual knowledge thereof. tide of industrial warfare three times production that more than one-half of greater than ever before witnessed, in the people are unable to build houses at The interpretation of these acts by the this land of 165 years of liberty, because all. More than one-half of the families Board and the courts has been that re­ of the Wagner Act. of this Nation receive less than $6 a da~·. spectable robbery could be committed The public has suffered most of all. Obviously, they cannot pay lumber­ without liability. The new Hartley Act By default in our legislative branch of makers, carpenters, bricklayers, masons, now .before us for passage changes that Government, Americans have been sepa­ painters, plumbers, and others an· aver .. and makes all men subject to the law rated into contending factions because age of $20 a day and more. Neither can and subject to damages for unlawful, they have ignored and set aside estab­ they get the services of young men, vet­ concerted, monopolistic acts to destroy lished constitutional law. The adminis-. erans, nonunion men, free men, to ex­ property and to injure persons. trative and judicial departments of our change their services on equal terms with This is one more step back to the Government have with equal shame par­ them. Such men, when they volunteer restoration of freedom, one more rededi­ ticipated. or respond to the pressing need, are cation of Government to its primary This is the sordid story unfolded before called scabs, enemies of the organized function of protecting individual free­ the committee in its hearings. group and by violence and threat of vio­ dom in Ame.rica. The sum total of many RESUMPTION OF AMEI.UCAN PRINCIPLES lence, prevented from entering this field individual freemen is the fundamental of. work by goons that have become the source of a good society. The formation The bill is a restatement of the in­ alienable rights of the individual and law of the land in whole states. of groups to exercise compulsion and ~n­ So the committee finds once more as timidation over individual men ends in a rededication of Government to its pri­ mary function of protecting those rights our country has found before, that free­ strife and violence wh~ ch has multiplied dom alone can cure the evil effects that threefold since the Wagner Act . . of individuals. It has been drafted on the principle that when individual rights beset us. Individuals under freedom are The American workman who was once are urotected and free men are truly free so much more honest and productive free has been cajoled, coerced, intimi­ in their life, work, and pursuit of happi­ than groups of individuals organized de­ dated, and on many occasions beaten up ness, as our Constitution provides, the liberately to defeat freedom, reduce pro­ for the alleged good of the group he was whole of society achieves its greatest duction, and raise prices. forced to join. His whole economic life good. Finally, this bill rises in protest not has been subject to the complete domi­ The bill rejects the contention that only against industrial strangulation but nation and control of unregulated mo­ organized groups may assert and force against the expansion of political nopolists. To get a job he has had to an individual to give up his basic rights groups-the twin brothers of industrial pay them. He has been forced to join for any alleged higher right of a group. groupism. Power; starting with indus­ these groups against his will because he The committee finds such so-called group trial" power, grows from one group into feared them. At other times when he rights lead to the exploitation of indi­ still larger groups, step by step, until has desired to join a group he trusted he viduals as well as of the public gen­ they are finally united in the governing has been forced to join one he has mis­ erally. group. Smaller collectivist groups be­ trusted. He has been compelled to pay Now there hangs over the Nation a come one collectivist group, one party assessments for causes and candidates silent, sullen resignation of millions of power which subjugates at last all other for public office which he opposed. He men and women · who have paid hun­ groups. The American people in great­ has been shut up in meetings and fined dreds of millions of dollars each year to er numbers have united, undoubtedly or expelled for expressing his own mind organized forces of compulsion that they greater than those who united for the about right and wrong on public issues. do not trust but fear to resist or offend. first struggle of freedom and constitu­ He has been denied the right to arrange This bill holds that no individual can tional government, greater than those . the terms of his own employment. He be compelled by another individual to united in the Civil War and in the war has frequently, against his will, been pay tribute for the privilege of starting to against monopolistic control by indus­ called out on strikes and violence which work, or monthly dues for the privilege trial combines, 50 years ago. We shall have resulted in wage losses representing of continuing to work, or fines wherein a win this battle again for freedom be­ years of his savings. He has been ruled mere individual man assumes to be mas­ cause the people are united and deter­ by Communists and other subversive in­ ter over another. It stops the growth of mined to win. :fiuences because he has had no right strife and even violence that results from Mr. LESINSKI. Mr. Chairman, I yield to vote. In short his mind, his soul, and compulsion or assumption of power of such time as he m,ay desire to the gentle­ his very life have been subject to a tyr­ one man over another. This bill is de­ man from Pennsylvania [Mr. KELLEY]. anny more despotic than one could signed to break up the organization of Mr. KELLEY. Mr. Chairman, I ask think possible in a free country. monopolistic-group control over the in­ unanimous consent to revise and extend The committee report finds the em­ dividual's freedom to contract for the the remarks I made earlier this after­ ployer's plight has been equally bad and exchange of his own goods and services. noon. dangerous. He has played an unhappy It should protect the rights of the will­ The CHAffiMAN. Is there objection enforced part in rising prices and re­ ing buyer and seller in a free market. It to the request of the gentleman from duced oroduction and resulting scarcity should stop the exercise of power of any Pennsylvania? under a new form of monopoly called group over the individual to the point There was no objection. laboristic monopoly. Be has been re­ where the group controls the number Mr. LESINSKI. Mr. Chairman, I yield quired to employ or reinstate individuals who can work, the amount of production, such time as he may desire to the gentle­ who have assaulted him and his em- and fixes monopolistic prices in Its or- man from Massachusetts [Mr. LANEJ. 1947 CONGRESSIONAL RECORD-HOUSE 3445 HOW THE BILL IS LOADED AGAINST LABOR Employer associations have written No provision in the bill imposes any Mr. LANE. Mr. Chairman, the bill is the blackest pages in our antilabor his­ restraint whatsoever upon the employer. hypocritical and one-sided. tory. Under this bill they may continue Section 204 of title II provides for the The bill is cponsored by those who pro­ to destroy unions. Unions are forced to taking of a secret ballot among employ­ fess to abhor Federal regulation, yet it is remain helpless in the face of this at­ ees to determine after the injunction the most involved and complicated regu­ tack. has been outstanding 30 days whether, latory code which has ever been imposed A further instance of the gross bias of first, they desire to accept their employ­ in the history of industrial relations. this legislation is section 9 <2> of er's last offer; and, second, they desire The bill is sponsored by believers in title I which authorizes the Board to to change their bargaining representa­ States' rights, yet it federalizes the mo~t exclude from bargaining any group tive. minute details of labor's functioning. whatsoever within a proposed bargaining No provision is made in the bill to con­ The bill takes the heart out of the ex­ unit if those individuals indicate a desire duct a ballot among the stockholders to isting five unfair labor practices of em­ to be excluded from· bargaining. determine whether they will accept the ployers and leaves standing mere words. However, under section 9 (f) (3) the union's last offer and whether they de­ It imposes upon unions 13 unfa~r labor fact that employees desire to bargain and sire a new set of officers to embody their practices and a host of unlawful con­ have 9rganized for bargaining is ex­ acceptance in a contract with the union. certed activities. pressly declared to be an invalid ground Section 203 (d) of title II provides The theme of the bill is regulate labor for grouping them in a bargaining unit. after a further delaying process for a but hands off the employer. Under section 9 (f) <7> of title I the second ballot upon the two questions in­ Every portion of the bill reveals a bill prohibits more than one election dicated above. shocking one-sidedness. within a 12-month period if the purpose No provision is made _for comparable Section 2 <11> of title I gives of the election is to select a bargaining ballots to be taken among employer rep­ the union 5 days to inform the employees agent. resentatives. of the issues in a dispute. Subsection However, if the purpose of the election Under title III, section 301, all of the (d) gives the employer a "reason­ is to repudiate or decertify a bargaining unlawful concerted activities described able time" to inform the employees of the agent the Board under section 9 <2> in section 12 of title I of the bill-such issues in a dispute: is required to hold an election as often as picketing an employer's business in The bill in section 2 <11> as a petition is presented. large groups or picketing his home under provides for a secret ballot before em­ Under section 10 (c) of title I the any circumstances, engaging in sym­ ployees may strike. Strangely enough, Board is authorized to deprive a union of pathy strikes or a strike for recognition­ no provision is made for a secret ballot its rights under the act for a year. This are made the subject of antitrust laws, among stockhoiders to determine under is e·quivalent in the case of a union to although they manifestly have nothing what circumstances management may forcing a union to go out of business for to do with restraints on trade. change its labor relations policy or fix a year. The enormous growth of monopoly. wages. . In the case of an individual employee which is primarily responsible for cur­ The bill proposes that a secret ballot be who violates the act, it means that the rent labor unrest is left completely un- taken for the employees' approval of the employee may be blacklisted in an entire touched. • _ employer's last offer of settlement. industry for a year, since he has no rights In addition, these practices are the No provision is made for a ballot among under the act. No comparable sanctions subject of- stockholders to determine whether the .are provided against employers who vio- (a) Injunctions, ex parte, and without union's last offer of settlement is satis­ late the act. They continue to be, as a hearing; factory. today, merely subject to cease-and-desist Criminal prosecution; of title I of the bill contain definitions of Likewise under section 10 of title I of the bill in­ certed activities by employees and sort of record in one-sidedness. sists that members of labor organizations unions. Mr. LESINSKI. Mr. Chai:::-man, I yield be free of unreasonable or discriminatory The bill makes possible ex parte in­ 18 minutes to the gentleman from New financial demands but no suggestion is junctions without hearings. Violations York [Mr. KLEIN]. made that stockholders in corporations also mandatorily deprive unions and in­ Mr. KLEIN. Mr. Chairman, the life­ be free of similar demands on the part dividuals of their rights under the act. blood of a democracy is the freedom of of corporate management. This means that an employer may dis­ its labor. When we have broken up the Sections 8 and 8 of title I of charge an employee who violates the act unions and dispersed the workingmen, it the bill contain elaborate provisions reg­ with immunity. That employee may be will be too late to ask what has become ulating the internal affairs of labor or­ subject to a loss of rights for a year and of our national vigor. History teaches ganizations. No comparable provisions be blacklisted throughout an entire in­ us that suppression of the labor unions are present there or anywhere else in dustry. If a union engages in these is the first sure step toward total dicta­ the bill regulating the internal affairs of practices, not only may it be enjoined torship and national decay. corporation~ but it may lose its right to exist for a year. This Nation has not chosen that road. Section 9 <1) of title I of the bill The ex parte injunction is not made Twelve years ago, when Europe was al­ prohibits a representative from acting as available against employers. They still ready on the way to ruin, we gave new a representative of the employees of com­ receive a hearing, and if the Board ulti­ statutory recognition to the rights which peting employers-yet nothing in the bill mately finds that they have violated the American labor had won. In the National prevents competing employers from es­ act, they are subject only to a cease-and­ Labor Relations Act we declared it to be tablishing a common labor relations desist order. the policy of the United States to encour­ policy, · In the sections of the bill dealing with age the practice and procedure of coilec­ The same section of the bill prohibits strikes imperiling pubiic health and tive bargaining and to protect emPloyees an international union from approving safety-title II, section 203-injunctions in the right to organize and bargain col­ or guiding the labor relations of affiliated are imposed upon unions who engage in lectively. We also recognized the right locals. There is not a word in the bill to a strike or threat of strike. This means to strike, without which there could be no condemn the frequent control over labor that an employer may cut wages and bargaining. This law was democratic in relations policies of member companies nevertheless be certain that the em­ the truest sense, for collective bargain­ by employer associations. ployees will work on his terms. ing gives employees a voice in fixing the 3446 CONGRESSIONAL RECORD-.HOUSE APRIL 15 conditions under which they work. It such universally used criteria as cost of and typists. The definition of "super­ came, in time, to be called labor's Magna living and wage-price relationships. visors" is so inclusive that" a.n employer Carta. Whatever may be its ultimate legal sig­ is able to make ·almost any worker a The bill before the House-l refer to nificance, I believe that this bill encour­ "supervisor" and thus exclude him from the committee bill, H. R. 3020-effectively ages such a refusal. the status of an "employee." Such ex­ repeals that Magna Carta. It weakens Another indication of good faith in cluded workers will cot only be power­ Federal protection against employer in­ bargaining, and one of which employers less to bargain, they will also be without terference; it outlaws strikes; it penalizes and unions often avail themselves, is the protection against discharge for union unions; it meddles in their internal af­ willingness to consider changes in exist­ membership. If they desire to organize fairs; it subjects them to nuisance regu­ ing agreements. They need not yield, against the employer's will their only lation; and it renders collective bargain­ but often, by diseu&ion, mutual advan­ weapons will be to resort to the strike, ing a mockery. tage may be found, understanding the very result which the Wagner Act It also tosses out the National Labor achieved, crises on both sides of the table was intended to avert. Relations Board, which has done a good averted. This bill makes clear that this Section 8 <5> of the present law re­ job under the most trying conditions, shall not be required-it provokes the qUires employers to bargain collectively substitutes a dual bureaucratic system, parties to an adamant position-encour­ with the representatives of their em­ multiplies delay, and assures unlimited ages them to stand pat-to demand their ployees. The committee bill-section 8 court litig-ation. pound of flesh. (a> <5>, page 21-imposes this obligation It does all these things in the name of Two specific matters which have been only with relation to currently recog­ protecting the rights of employers, em­ the subject of much collective bargain­ nized, or certified represc_ ... _._i.ves. ployees, and their representatives. But ing in the past, and which have become Since it is within the power of an em­ I have studied the declaration of policy parts of numerous collective agreements, ployer, at any time, to cease currently contained in this bill; it caref•Jlly avoids are simply outlawed by the bill. Thus­ recognizing a union, this provision actu­ the term "collective bargaining"; indeed, section 8 (a) (2) , page 20-it be­ ally limits the obligation to bargain to the bill repeals all reference to that term comes an unfair labor practice to grant situations in which the union has been in the preamble to the existing law. Col­ a check off-unless it be voluntary and certified by the Board. In so doing, it lective bargaining has been the touch­ revocable at will-or to grant a welfare excuses employers from their present ob­ stone for reconciling right with might­ fund. Manifestly labor organizations ligation to bargain with unions whose for enabling workers to meet with some­ which achieve these concessions through n. ajority status is known and unques­ thing approaching equality the economic bargaining are not necessarily corrupted tioned. power of great employers. Is it our pur­ thereby. If the Board were in -the position to pose to revive the "yellow-dog contract"? What is the sense or the justice of settle representation questions promptly, To re-create the situation in wll..ich em­ requiring parties who have achieved these this requirement might not work undue · ployees, powerless to meet their employer arrangements in good faith to alter them hardship. But the provision must be on terms of economic equality, are also to their mutual inconvenience simply be­ read in connection with other provisions powerless to associate collectively for cause of the irritation engendered by the of the bill, which will not only delay the dealing with him? Is it our purpose to coal strike? final certification of a representative, but recall conditions of fear and insecurity, Even what is left of collective bar­ leave its status, once established, subject in which the worker joins a union at the gaining under this bill is so hedged to challenge at all times. risk of discharge, and starts a union at about, encumbered, and restricted by de­ For example, under present law a the risk of blacklisting? lay and red tape, and by regulations Board certification cannot be appealed I have read this bill and I have read and litigation as to destroy any prac­ directly to a court. The employer may the decisions of the present Board and of tical benefits either to employers or em­ test the certification by refusing to bar­ ·the courts touching on collective bar­ ployees. gain. If the Board issues a bargaining gaining, and I say to the Committee that Let us consider some more definitions. order, he may then· obtain court review this bill destroys collective bargaining. "Employer" in the existing law is de­ of the certification by appealing the The courts have said that the obliga­ fined to include "any person acting in Board's order. tion to bargain collectively shall be dis­ the interest of an employer." The bill­ The committee bill-section 10 (f), charged by good faith efforts to reach section 2 <2> -would substitute "any per- · page 39-changes this rule. It makes agreement. This is the very heart of son acting as an agent of an employer." certifications directly reviewable in lourt the Wagner Act, to the end that indus­ If· these two expressions mean the same at the instance of any person aggrieved. .trial disputes shall have the best chance thing there is no reason for the change. This provision of the bill, alone, is to be settled reasonably, democratically, The danger in the substitution is that calculated to render collective bargaining peacefully. Every provision in the exist­ it may result in endless litigation to test a practical impossibility in the presence ing law is devised to advance that pur­ . whether superintendents, foremen, su­ of any determined opposition, whether pose. pervisors, and the like whom the courts by a rival union, a minority group, or an What does the committee bill do about have held as "employers" under present employer. Here is why: The Board nor­ collective bargaining? First, it defines Jaw, qualify as "agents" under the lan­ mally accords a certification validity im­ collective. bargaining. For good faith guage of the bill. Twelve years of judi­ mune from challenge for about a year. bargaining, it substitutes a time table, cial interpretation are thus set at naught. A year is also the average length of time and a mechanical routine. It says the "Employer," for the first time, excludes necessary to complete court review of parties shall discuss any proposal at least charitable and educational organizations. a certification. Thus the election upon five times within 30 days. While the number of workers thus de­ which the certification was originally That is all they have to do. The obli­ prived of any participation in the terms based will be pretty stale evidence of gation to bargain in good faith is abol­ of their employment may not be large, majority by the time the certification is ished. it seems ironical that organizations de­ sustained in court. And nothing in the Although the submission of counter­ voted to the social welfare should be ex­ bill will prevent an employer thereafter proposals is one of the surest evidences empted from bargaining with their own from refusing to bargain collectively, ap­ of good faith, the bill expressly states often underpaid employees. pealing from the Board's order, and test­ that this is not a requirement. This bill In its zea1 to exclude supervisors ing the identical issues-of appropriate is satisfied if a proposal is discussed. An­ from employee status and protection, unit and majority-again. other indication of good faith is a will­ the bill-section 2 <12) -goes much too This endlessly delays the beginning of ingness. within reason, to negotiate all far. The definition not only excludes collective bargaining and leave3 unions elements of the dispute between the par­ all foremen and higher supervisory em­ with little incentive for submitting rep­ ties~} the issues bearing upon the em­ ployees; not only debars supervisors in resentation questions to the Board. It ployer-employee relationship. But no, the printing and maritime industries also encourages obstructive and dilatory this bill creates five limited categories, where they have traditionally bargained pbjections by rival unions seeking delay. and provides that nothing else need even for decades, but ·removes from the pro­ Even after the certificate has been se­ be discussed. As I read the section-at tection of the act thousands of white­ cured, and has been honored or sus­ page 9-it is possible that parties to wage collar employees, pay-roll clerks, inspec­ tained by a court this bill enables fur­ discussions may even refuse to discuss tors, watchmen, lead -meri, timekeepers~ ther frustration of bargaining. · ' 1947 "CONGRESSIONAL RECORD-HOUSE 3447 Under present law, as I have said; a will not be able to continue their satis­ of dealing with the employer concerning certification is presumed to be valid for factory arrangements and must seek new wages and other conditions of employ- a reasonable period of time-normally a certifications upon the basis of bargain­ ment. · year. This bill-section 9 (c) (2), p. ing units to be determined afresh. The proposal is an outright repeal of 28-permits employees aggregating 30 R'3.iding unions will profit from the con­ one of the most important provisions of percent in number of a unit they claim is fusion, but the parties themselves will existing law. It permits an employer to appropriate, at any time to file applica­ reap nothing but chaos. erect a self-inspired bulwark between tion to decertify a certified representa­ Further restrictions on employee himself and legitimate self-organization tive; or to disestablish a recognized representative. The Board page 31 of the bill-which requires that be a blow to labor's rights and would in-. is required to investigate and act upon upon application by "any interested per­ evitably increase labor disputes. such an application like any other-sec­ son or persons" provision shall be made I turn to the provisions of the bill deal­ tion 9 , page 29. for a separate ballot "for any craft, de­ ing with union security-section 8 · (d) This provision plays havoc with sta­ partment, plant, trade, calling, profes­ (4) . page 26. Under existing· law an bility of relationships. It means that a sion, or other distinguishable group" and employer may make an agreement em­ rival or dissident group can disrupt bar­ that such group shall be excluded from bodying union-security provisions with gaining relationships which are on the the unit unless a majority votes for the any bona fide majority union. very verge of fruition, for under existing union to be certified. This provision The bill outlaws the closed shop alto­ law an employer is required to refrain again takes away from the Board the gether, and perm:its modified forms of from contracting with representatives power to acquiesce in the bargaining ar­ maintenaace of membership and union­ whose status is challenged in a proceed­ rangements to which the parties may shop provisions only under specified con­ ing of which the Board has taken cog­ have accommodated themselves through­ ditions-section 9 (g), page 33. First, nizance. It means that majority rule out years of bargaining. Any splinter the union must be certified by the Board; shall be effective only so long as more group, however small, must be separated then, it must appear that the employer than 70 percent of the employees adhere if an "interested person" desires it, and agreed to the union-security provisions It if the group is "distinguishable." Em­ to their choice. means that a minor­ without strike or tl.~.reat of strike; then a ity can force a situation in which a con­ ployers of large industrial plants will be second election must be held at which a tract with the employer will be left with­ faced with the necessity of bargaining with numerous though numerically in­ majority of all in the unit must vote in out anyone to. administer its grievance favor of the provision. If they so vote, and arbitration provisions on the em­ consequential groups, and management's the provision may be agreed to, but for ployee side. It means that a minority· problems of maintaining any semblance not longer than 2 years or the duration of only a fractional part of an appropri­ of order or uniformity of conditions will of the agreement, whichever is shorter. ate unit, by claiming that that part is multiply. Unions, of course, whether And finally no discharges may be made appropriate, can throw into confusion craft or industrial in form, will be weak­ under the agreement except for non­ the representative status of the larger ened by the right of any splinter group payment of dues. group. to separate at will, and the total effec­ This seems an elaborate, expensive, Section 9 (f) <7> -page 33-throws tiveness of collective bargaining will nec­ essarily be impaired. and dishonest method of dealing with sharply into focus the remarkable bias the problem. For one thing it means Finally, the bill-section 9 (f) <6>­ of this bill against collective bargaining. that those unions and employers which provides that no labor organi~ation may That section prohibits an election in any have enjoyed union-security relations unit or subdivision thereof in which a be certified if one or more of its national, without challenge for years must submit valid election has been held within the international, or local officers is or can themselves to two elections at Govern­ preceding 12 months. A sole exception reasonably be regarded as a Communist. ment expense in order to continue these is made in the case of an application to In the absence of any criminal statute decertify a union, which I have·just dis­ making it illegal to be a Communist, and. arrangements. Further, if we are to cussed. Consider the result-the great­ in the absence of any precise tests as to allow unions to compel discharge for est confusion and uncertainty if the what shall constitute reasonable grounds no reason other than nonpayment of employees have selected a bargaining for belief

I 3448 CONGRESSIONAL RECORD-HOUSE APRIL 15 In my remaining time I shalJ comment tmfon In a sheer struggle to survive, tbey Mr. JAvrrs. Mr. Chairman. I insert on the most vindictive aspects of this not only Jose their rights under tbe act, at. this point in the RI!CORD an amend­ bill-those which outlaw strikes and but become liable for treble damages ment which I shall propose at the appro­ penalize employees and unions. under the Sherman antitrust Jaws and priate time .so that the Members may Pfrst. any striker loses his employee lose tbe im~nnity accorded by tbe Nor­ have an opportunity to familis:rize status as soon as he has been perma­ ris-LaGuardia Act against ex parte in­ tbemselves with it before it comes up nently replaced-section 2 <3), page 4- junctions. for consideration. This amendment and an emplayer may thus promptly rid This means that any strike may be en­ · proposes to reHeve the people of the fear himself of all strikers. regardless of the joined by court order without a hearing. of national para)ysis due to labor strife cause of the strike or who provoked it, Most of the real abuses which the bill and in this way to enable us to deaJ con­ by permanently replacing them. propo....c:es to penalize are already viola­ structively with Jabor free of the pres­ Second, employees may be found guilty tions of state law, to which violators are sure of this legitimate publie fear. of unfair labor practices-section 8 (b), subjeet. On the other hand, employer Page 57, line 10, to page 58, line 21, strike page 21-such as "intimidatiov," refusal Violations of labors rights can be reached out the text at section 203 and mbstitute the to bargain, and participation in eco­ only through the procedures of the Wag­ fOllowing: nomic strikes for objectives not expressly ner Act. Wbat is the fairness in now ''SEc. 203. Whenever the Presfdent ftDds authorized by the bin. Workers will have subJecting worke-rs to dnal prosecution? after investigation and proclaims that a to be pretty good Jawyer&-for the au­ An employer wbo violates the Wagner labor dispute bas resulted m.. or imminently Act is afforded a fu11 hearing. If a threatens. to :result in, ihe c.essatkm or s.uh­ thoriz....od objectives of bargaining in this stantial curtailment of int eistat e or foreign bill are new and ambiguous and have not Board order is issued, be may appeal it commerce In an industry essential to t-he been judicially construed. through the courts. Then and on1y publfc heaJtb or secur:tty, of sumcfent m agnf­ The penalty for engaging in one of then must he c~ase and desist, and take tude to imperil or imminently t hreaten to these new employee-unlair-Jabor prac­ remedial action'if so ordered. This may Imperil tbe pubUc health or security. and tices is Joss of rights under the act which take years. tbat tbe exercise cf s:uCh power and author­ Under this one-sided bJlJ, an employee ity Js necessary to preserve and protect Ute means, of course, loss of job. public health or security, the President ill I bave already mentioned the catalog wbo falls afoul of section 12 loses his job, may be immediately enjoined with­ authorized. to declare a. national emergency of unfair-labor practices by unions. ,Any relative thereto, a.nd by order to take im­ union found to have committed one out a hearing, may be blacklisted for a mediate possession ot any plant, mine. or would lose the rights, ff any may be year, and i~ subject to treble damages. tacrUty, the subject at sucb labar dispute, found, which still belong to unions under W"'111 such discrimination stand tbe and to use and to operate such plant, mJne, this bill. test of conscience? I think not. or facillty in the Interest& o! the United But these are mild provisions. Sec­ Tbe strikes and stoppages which have States; ' Pr011it:led.. h.oroeueT, That '1) sucb plant. mine~ or 1aeility while in the posses­ tion 12, page 47. creates a long list of provoked this bitter biU are symptoms of our country"s growth, of its adapta­ sion of the United States. and while oper­ unlawful concerted activiti«\S and pro­ a.ted 1n its interests,. shail be operated onlJ­ vides most drastic penaJties. Not onlJ tion to world-shaking dislocations. to the minimum extent whfch seems to the is the use of force and violence pro­ These problems are not to be solved by President necessary to protect the public hibited, but also three different kinds shutting our eyes to the fact that 15,- bea1tb ar securlty of the United states. or of picketing; nine spCcified kinds of 000,000 of our people are organized in of any material part ot the territory or popu­ strikes are outlawed. the sympathy nnions, or to the reasons for which they lation thereof; and (2) tbe wages and other joined, nor by provoking class struggle. term& oi employmen" In the plant,. mine. or strike, jurisdictional strike, monopolistic. :facility so taken. during tbe period ot Gov­ strike. illegal boycott. sit-down strike, What is needed is cool heat:is and calm to ernmen.t possession and operation B.hall b& featherbedding strike, strike for recogni­ study. No honor will accrne thJs as prescribed by the President p.ursuant. to the tion, strike to compel violation of law, House if we approve the vindictive applfcable provfsfons or law, and to the find­ and Jast)y. I quote: crucifixion of American labor, offer our Ings of a panel .or commlss!on specially des­ working _people second-class citizenship, Any strike • • • to remedy practJces Ignated cr appointed for tbe purpose by tbe Prestdent. which wages and otber terms ot for wblch an administrative remedy Is avan­ subvert their hard-won socia1 and eco­ employment Eball be not less tban those pre­ able under tbls act. nomic gains-the fruit of a century of struggle, require honorable employers vailing for- similar work 1n the area of SUCh In other words, the greater the em­ to withdraw freely negotiated benefits plant. mine. or fac.ility by private business; ployer's provocation, the more certafn is or destroy stable and satisfactory rela­ and (3) such plant. mine. or facility shall a strike to be illegal, for if the employer be returned to· the employer as soon as prac­ tionsh!:ps. or provoke Jess honorable em­ ticable, but fn no event later than 30 days tn engages rea.Uy serious unfafr labor ployers to union busting and 1abor after the restoration of web labor relations practices, a strike in protest becomes one baiting. In such plant. mine. or facility, that the pos­ to remedy practices for which adminis­ I trust that the membership wilJ reject session and operation thereor by the United trative remedies exist. this biJJ. States, or in its interes~ is no longer neces­ ActuaDy, under this bin no strike fs Mr. HARTLEY. Mr. Chairman. l sary to ln.sure the minim.um cperat1cn theie­ legal unless, after exhaustion of collec­ yield 10 minutes to the gentleman from ot required for the protection and preserv~ tive bargaining and after the employer tion of the publfc health or security; and Ohio [Mr. BREHM]. (4' the President may by order confer au­ has been given a reasonable time to argue Mr. BREHM. Mr. Chairman. I have thority upon any Government department 01' directly to the employees the virtues of written a speech on this proposed legis­ omcer to take poosesslon of, to operate, or to his last offer. and after a Government­ lation and have obtained permission to exercise · any other ct the powen; herein conducted polJ, a majority of the employ­ insert it in the Co:lfGRESSIONAL 'REcoRD. granted to the President with respect to any ees in the bargaining unit vote to reject My remarks are directed to the men and auc.h plant. mine. or iaeilit y; and (o) fair • that offer and to strike. women who comprise the rank and file and. just com.pe.nsatfon sball be pafd to the And by that time, even if the em­ employer for the period of such possession of labor and I intend to see that my and operation by the United States. or fn its ployees want to stick with their union speech reaches them. Therefore, I see Interests, as foUows; and do go on strike, they may imme­ no reason for taking up the time of the "'(A) The Pres1dent S'ha!J determine the diately be replaced. If that happens, Members of this committee listening to amount c! the compensation to be paid as they are no Ionger employees. To the my remarks which are primarily in­ rental for the use of sucb plant. mine. or extent they try to bargain thereafter. tended for someone else. Any Member :facil!ty while in the pos~ssion af cr operated their strike has become illegal, since it ·who is interested iii my remarks may by the United States, or In its Interests. such seeks recognition. read them fn the RECORD. However, determination to be made as o1 \be time sf These provisions encourage employers there is no compulsion to read them as the taking hereunder. to undercut and toss out unions, encour­ there would be to listen to them if I "(B) If tbe employei i& unwilling to ac­ age employers to provoke employees, so cept as a. !air and just compensation for the spoke further at this time. use of the property taken hereunder by the that a single misstep will cost them their Mr. Chairman, I yield back the bal­ United States and as fUll and complete com­ economic freedom. Tbey constitute an ance of my time. pensation therefor, the amount so deter­ Intolerable regimentation of American Mr. HARTLEY. Mr. Chairman, l mined by the President, the employer shall labor. yield such time as he may desire to the be pafd 50 percent of such amount and sball If an employer succeeds in provoking a gentleman from New York [Mr. be entitled to me tbe United States In tbe violation of section 12 by employees or a JA1'll'S]. Ooun-of -CJa.bnl: or lD aDY Dlstrfc& .Ccurt f4 1947 ·coNGRESSIONAL RECORD-HOUSE 3449 the United Sta~ fn the manner provided dangerous citizens. It is abuses in labor Education and Labor heard 1n some by sections 24 (20) and 1~ of the Judicial unions which make necessary, in the pub­ 2,000,000 words of testimony. He and Code (U. S. C., title 28, .sees. 41 and 250} lic interest. the law we are now consider­ firm was for an additional amount which wllen added his refused. Thereupon, he to the amount so paid .shall be equal to the ing and which is applicable alike to well told by the boss 'Jf the union that he ha.d total sum which the employer considers to rnn and badly run labor unions. 15 minutes to leave the area in which his be fair and just compensat ion for the .u se of It will be my purpose, in the remainder business was loeated. If he failed to get the property so taken by the United States."" of this address, to cite some of these out and stay out, the union boss in­ principal labor union abuses and po:int formed bim that he, a _partner in the If the foregoing amendment is adopted out the manner by which this biU will busin€ss, would be beaten up. This man I shall atfer tbe followirl..g additional protect the American public and the is Hel'man J. Chassen, a jobber and ,com­ amendments to tbe n&t section .of the American workingman against such mission merchant in the Dock Street bill: abuses. Market <>f Philadelphia. The union is Page 58, line 22, stl1ke nut all follOWing: A certain labor leader has been presi­ local 929 of the teamsters• union, A. P. "(aj" up to tbe word "it" tn line 25 arui in­ dent .of a monopolistic l.Ulion for a roup.le of L. The union racketeer who told Mr. sert the following; of decades. Under the terms of the to "W!lenever the President has issued .an Chassen leaYe the area of bis plaee of order under .section 203 by virtUe of a labor union's laws-and note that they are business or else be beaten up is 'Turk dispute which imperils, or Imminently commonly termed laws although tbey Daniels, the president of the union. threatens to imperil, the public b-ealth or have been enacted by no legislative body Onder H. R. 3020, Mr. Cbassen could security.•• yet do exercise absolute control over the not only apply to the .court for injunctive Page 62, Une 2, 9.fitier the word "or.der~·~ economic life of union members-this protection to his person, the Norri.s­ strike out the next four words up t'> the word man can never be -ousted as president for LaGuardia Act notWithstanding, but be "issued" :in line 3. the simple reason that anyone advocat­ could also sue the teamsters' union for Page 62. lines 4 to 8 tnclusi¥e, .strike out ing his ouster can be thrown out of the the damages the union's unlawful activ­ subsection ~f) of .section :204. union on the eha.rge Qf advocating a ity had caused him. CMr. JA'fiTS ask-ed and was given per­ dual union. This union controts some 95 The first .amendment to the Constitu­ ml.ssiQn to revise and extend his remarks percent of the output Df a commoditY es­ tion of the United states of .America and include an amendment which he ex­ sential to the Nation1.S production and guarantees the right -of free speech to pects to o1f€r to the pending bilL) - health. At a spoken word from this all Americans. Yet, the National La­ Mr. HARTLEY. Mr. Chairman, I yield president. the 400.000 members of his bor Relations Board, over a period .of 'l 12 minutes w the gentleman from New union lay down their rools and cease years, denied that right to an American Y the employer man, ts the simplest description of this ing. He achieves bis power through and if the employer even attem-pted to measure now under considerath:m. industry-wide bargaining. T.bis man :is answer those ties, his answer would be H. R. 3020 resto-res tD Americans, wurk­ John L. Lewis and his union is the Unired an unfair labor practice as per the men and employers alike. the tights guar­ Mine Wo.riter.s of America. 7-year interpr€tations f a labor all the workmen atfect.ed have had op­ cans a right guaranteed by the Consti­ racketeer to deny a workman tbe right portunity by secret ballot to express tution is entitled to continued existence. oo earn a li'1ing for himself and bts satisfaction or dissatisfaction ·mtb their A eertain eanning f~ry 1n Califor­ family. And it does these things, Mr. employer's last o11er. nia maintained harmonious relations Chairman, without sacrifice of a single A certain man had devoted his life to with its employees. No disputes existed. legitimate union aetivity. This bill is the education of children in a partieular Both AJii'L and CIO moved in and de­ antiabuse, not antilabor. It is a bin field. He achieved phenomenal .success. manded that the employer sign a closed­ which. at last, puts the interest of John But, in doing .so, he .incurred the dis­ shQp contract requiring that all employ­ Q. Publie above the tnterest

;,ou wm see exilosed tile real pul'J)€)Se· q~ teet. their organJz tio.ns "from the at­ Now Jet us: examine the contribution of the Republican Parly in· its professed tacks of the stone-ag~ employers. They tbe majority of the comunttee t.o indus· Jove for labor. You wiD see that H. R. are not ends in themselves. They 8l'e tl'ial d sconf and warfare. 3020, the RepubJfean scab labor bllJ, wm shields against empll')Yier a~on and First~ in section 8 (a)J t3) of tbe bill­ unfold in aD its: ugliness. The measure intimidation. Labor his&oey sbom that page :u of the print-it drops: the pro... under consideration is so oomprehensive­ when emp1oye~"S seek to des·troy unions, viso from the National Labol Relations :fn its: attack on bash~ rights of l.abor that the demand fer union security beeom.es Act. hich permitted empJoyel'S to enter it is impossible for any speaker to cover more insistent; when employers in par· into elo.sed-shop agreement..s without the biD in its entirety. I wm, the.refore, t:JeuJar :industries. accept unionJzatJon, fear of bejng atc.cused of an u.nfair labor direct my :rema.rb s:peeiftea)}y to the sub­ the closed union or mai:ntenanee-of· practice. Then, m sectien 8 (d) (f)­ j~t of union seelirity. membership shop IS a piece of ureless pages 26 and :n of the print-it praeeeds The people of America, workers. fann­ armor to which no one :pays any atten­ to stat.e what shall nnt eo:nstltute or be ers, and businessmen, are tired of indus. tion. . It Js obvious, therefore, that the evidence of an unfair labor :p.ractiee. · trial strife. They are deeply aware of sense of sec: uri ty wb:ich comes from col· That Jn'Cvision permits eDlJ))o~rs to en­ the fact; tbat the future of ibis Nation leetive-agreement provisions of tha,t ter into agreements witb certifie_d unions and the self-interest of every citiZen is ebaraoter is a definit,eo contribution to fO.I' a, union &bop or a maint.eJiance-of. not sel'Ved by unions and employ-ers Jndustrlal peace. membetshiP shop. It does not pennit slugging out their dift'erences. in e.co... For the benefit of those wbo maY! be employers or unions to ent.er into a elooed nomic 'Warfare. They want st:abiU.ty iD eonfused by these terms, permit me to sho.p. In 00DsetJUenee., if the bill shcoutd inqustrial relations. '!'bey expect us as define them briefly. A closed sbop, gen­ pass, the employers wrbo bave 30 pereent their legislative representatives to pro­ erany, is one in wbicb an employer may of an unton'workers under existing con­ mote that stabilib. bire only: UDion m~mbe:rs who must· re- . t.raets providing for a closed shop, can The maJority of the Committ.ee on main in good membership standing, in )mmediately be eh_srged with unfair labor Education and Labor proposes to pro.. default of which they will be d:fsellarged; practices because, in the language of 8 mote industrial sta.bllity by H. R. 3020. a union shop is one in wbjeh nonunion (a) (8), by discrimination in regard to That number deserves to live in the bis· employees may be hired, but they must bire. o:r tenure of emplQ.lmlent. th~ are tory of this Chamber as re)ll"eSenting one join the umon within a definite period encouraging membership in a labcr or· of the most cynical, vindictive. and. ill· of time, in a maintenanee-of-member­ ganization. Mal'lY' of these contr~ets begotten legislative mGDStrosities that it sbip shop no worker is obliged to join a ba:v a year or more to run. They were has ever produced. Instead of promot· union, but ff he dces he must remain in tbe- :ProdUct of honest bargaining. The in.g stability in industrial relations.· it good standing for the life of the eQDOO­ wo:rkers. hav-& fought, hard and long for stimulates friction Instead of. encour· tive agTeement. tbe.ir union seemity, and have sacrificed aging responsibility in union organiz:a. Under existing law an of these tn>es of wage increases· and other benefits for tions and a disposition on the part of shops are legal excepting in some few them. I fear that I have no words to employers to bargain collectivelY in good States fn which hysterical legislatures, ebaraeteriae the oomm.Utee proposal. faith, it is well calculated to break the reckless of oo:nstitlltional eonsequenees, That it is an a:J'Tant disrega,rd ef the sol· national unity which won us a war, and have banned the closed shop. Section emn obligation of oontra.et and fair .deal· separate us into a society of warring 8 f3> of the National. Labor Relations ing is obvious--but it is: equally plain that classes. H. R. 3020 is the kind at bill Aet, in a proviso added to the p_rovision in addition t.o depriving many employers that Karl Marx might well have written making ft a:n unfair labor praetice- for of an institution that for many yea:rs: bas io.r inclusion :in an appendix to Das an employer, by discrimination, to en· afforded them rela,tive industrial :peace Kapital as an illusvati.en of the type of oourage or discourage membership in a and stability, Jt wm outrage tbe sense of legislation which . would intensify the union, specffieally permits employers te justice of workers wbo J).re~tb are pro-. warfare between economic groUJ>s and enter into oonootive agree.Jllents for a tected by closed-shop contracts. The classes and thereby. accelerate bis.. antic!· elosed shop with a majority of tbe em~ committee wants: to outJa:w agreements pated: collapse Qf the free ente.rprise and ployees in the bargaining unit. That affecting mUllens hf wo.rkers which were the capitalistic ~tem and the triumph aet, then, does nothing to faemtate legal whe» made and were intended to of the one-class prolet nan socialistic closed -shop agreements or to make them bind the parties for some period in the state. legal in any state where tbe:y are de­ tutu:re. The lef!dsJattve methods it sug­ It would take me more time than b.as dared megal. It merely leaves 1t uP to gests that this: Congress approve are rep. been allotted. to describe tb.e mischief iD the ~rties to agree, :if tbey ·so desire, :rehensible. I do not even want t.o dis­ the provisions of this bill. 1 shall con· upon that degree of union security whieb en._~ the legaJity of those methods under fine myself to only one aspect-its effect they deem appropriate. the Omstttution. on union secwity Before pointing out the e.ffeet of H. R. r have already indieated that section Union security is a. good term. in the soao on the status quo, I wish to make 8 (d) (4) permits: union and mainte­ minds of an excepting those relative}J this cbservatio.n. I do net wish to be nance of membership shops. But let us few but sometimes powerful employers understood as an unqualified defender examine the ebstaoles placed in the path who beleng to the stone age of indus· of closed shops or more moderate types of agreement on these cypes of union se­ trial relations and feel that justice. ef union security. There is evidence cmity whieh make a sham of the legis­ truth, and the good life wm only be that undemocratic practices have crept lative :permission. served by destroying every union in the into some unions, and their tmion-se­ Jn the first plaee, the union shop and oount.ey. Nothing stimulates aggression ctnicy status has been abused. We maintenance of membership shop econ-­ like fear; nothing promotes peace like should Jegislat.e to correct those. abus.e.s, tract can onlY" be entered into b~ an em­ security. Thai is true oi private indi­ ployer if the provisions a:re not m cnn­ not destroy union securi~. . However viduals, employers. nations, and even the majority of the committee may feel, ftiet with state law. Thus, the commit~ unions. One of the classic :illw;tJ:atiQDS I d.o not favor amputation of an arm tee turns back to the discredited trunk­ of tbat proposition in the labor field is ing underl~:ng the Artieles of Confed­ the molders• union in the A. F. oJ LA as a cure f'or an infected tln~ter. erstiOJl and do.ses its eyes to what every which between 1850 and 189& engaged. in The committee was informed by the iruorme.d adult. knows-that tbe indus­ a tragie and bitte.r oontest with the stove Sec.ret.ary of Lahor that. as of last. Ap'rll trial str-ength of tbis Nation flows o.ver. manufactureiS, prim~.rny over the of the '/.7 percent af aU employees in stat& Jines, and that whe11 local diversity . closed-shop is.s.ue. When an agreement unions working under s.ome form Qf of c.ont.rol constitutes a burden on that was finally arbitrated and the manufac­ union security, 30 percent were llnder interstate flow and effort, it must give turers in good faith reversed their :posi­ closed-shop contracts, 15 percent. under way t.o central oontrol. Why else did tion and accepted unio_nism, the union. union-s.bop contracts, 29 percent. under tbe founders confer upon us tbe ])Ower los.t interest m its closed-shop demand, maintenance-of -membership oontracts, to regula.te commerce am.o_ng the several The lesson is plain· 'Ihe closed shop a»d 3 percent under p:reie.rentish-hiring States? H. a. aoao would permit, an em­ or maintenance-of-membership sbo:p contracts-another form of union secu .. mOYer in one City to enter into a CQD~ are means by which workers seek to pro- rity provision. tract, but prebibit the same empleye:r 3454 CONGRESSIONAL RECORD-HOUSE APRIL 15 from entering into a similar contract Members of the House, I direct your I say again, I shall not defend all of across the river in another State where attention to that extraordinary provision the abuses by unions of the various types it may be forbidden. Can the commit­ on line 3 of page 35 in the bill before you. of union-security arrangements. Unions, tee be jesting with us? I can think of I do not know who drafted it, but who­ if they are to have power, must be re­ no better way to drive employers and ever he is, he has no understanding or sponsible and democratic in their pro­ unions to distraction. faith in one of the basic tenets of a dem­ cedures and activities. We should legis­ But even where State law permits ocratic society. Such a society is built late to promote democracy in unions. union and maintenance of membership on majority rule. In our local, munici­ But we should not legislate, as is here shop contracts they may be negotiated pal, State, and Federal elections we ac­ proposed, to strike down the union-se­ only .where it appears, under oath, that cept the rule of the majority of qualified curity provisions which contribute to in­ the employer's agreement "was not ob­ individuals who have cast their ballots. dustrial peace. Union-security provi­ tained either directly or indirectly by Those who stay at home are not counted sions free unions from those two fears means of a strike or other concerted in­ on either side of an issue. In our fra­ which more than anything -else drive terference with the employer's opera­ ternal and other private organizations, them to aggressive and sometimes anti­ tions, or by means of any threat there­ in our corporate directors' and stock­ social conduct: One is fear of antiunion of." I cannot say what that really holders' meetings, in our Supreme Court, activity by the employer; the other is means, specifically. What is a threat in our congressional committees, and, invasion and competition by another between a union and an employer? It indeed, in this very Chamber, and voting union. Union security enables unions to is not unusual in collective-bargaining on this very bill, so long as a quorum is enforce that discipline among its mem­ meetings for each side to forecast the present, the rule of the majority of votes bers, the absence of which accounts for most horrible events for the other side­ cast is the rule of the organization or the unauthorized and quickie strikes but that is part of the custom and folk­ institution. But section 9 would re­ which have plagued our industrial pro­ ways of collective bargaining. The con­ quire an affirmati've ma,iority of all' of duction in recent years. Union security sequences of the provision are certain. the employees in the unit to legitimatize enables a union to turn its attention No such union-security provisions will be a union-shop agreement. Those who from industrial warfare and to devote negotiated; they will come into effect stay at home are, therefore, to be its attention to the constructive rather only when the employer on his own ini­ counted as voting against the agreement. than the destructive aspects of labor tiation, and where he already believes A premium is placed on employer intimi­ relations. that ·it will serve his interest, suggests dation. The employees will know that The proponents of this bill seem to a union-security clause. Thus, the quot­ anyone who shows up to vote risks the proceed on the theory that .unions, as ed provision, in effect, will take union displeasure of an employer who prefers such, are evil and wicked things, and security out of the field of collective an open shop, although he may have have no powers for good. The example bargaining. If you have any doubt that agreed, for strategic reasons, to union­ of many good unions and the. testimony my statement ts correct, I sug~est that security provisions. of good employers and disinterested ex­ you take a look at section 2 <11) on page Nor does the majority of the commit­ perts to the contrary, makes no impres­ 9 which describes the scope of "collec­ tee stop with these administratively un­ sion upon them. Even then, however, tive .bargaining." The language start­ workable and undemocratic provisions. they do not have the political courage ing on line a makes it clear that the It goes further and makes it an unfair and straightforwardness to legislate closed shop, union shop, maintenance of labor practice for an employee or a rep­ unions out of existence in a direct and membership and preferential shop are resentative of an employee to call, au­ manly fashion. They indulge in the not one of the subjects which the par­ thorize, engage in, or assist in any strike shameful subterfuges and construct the ties are obliged to bargain collectively or other concerted interference with an elaborate booby traps that constitute the about, although the present Wagner Act employer's operations, the object of substance of this bill. requires it. which is to compel inclusion in a collec­ We are in a dramatic period of history. Another condition in section 8 (4) is tive-bargaining agreement of provisions Part of the world is Communist. Great that the procedure set out in section for any type union security whatsoever. Britain is no longer a free-enterprise 9 (g) be complied with before a union­ This is done by section 8 (b) (3 > of the nation in our sense of the term. Our security clause becomes effective. proposed bill. system is competing in the world market Section 9 (g) says that a union desir­ It is manifest that the end result of of ideas and things with the other great ing a union shop or maintenance of all of these provisions is to take from systems. We should be made sober by membership·shall state under oath to the employees any reasonable means, b&' con­ our historic responsibility-the responsi­ Administrator of the National Labor Re­ certed action, to protect their union from bility of making strong and stable, for lations Act that the agreement for the antiunion employers and from the in­ the future, all of our institutions, in­ union-security provision signed by the cursion of other competing unions. The cluding our industrial relations. The employer was not obtained by strike or bill drafters have done a job the objective one thing of which we may be absolutely threat. The Administrator then in­ of which cannot be mistaken by any certain in this world, is change. The forms the employer of the union's appli­ Member of Congress. It is to give lip world and its events are moving on and cation. If the employer does not object service to the proposition that good and forward, for better or for ill. We must to the union-security provision-that is, strong unions of workers are necessary master the future by anticipating it and if he stands by the bargain he has to our industrial democracy, but to leg­ adapting ourselves to its requirements. made-a secret ballot of the employees is islate every possible obstruction and The most generous thing r can say of held to determine whether they really hindrance to their normal development H. R. 3020, is that it discloses that its and truly desire the provisions nego­ and self-protection. In this respect the framers do not look for their instruction tiated for them by their own representa­ bill is nypocritical on its face. at the condition of affairs in the world tives. If the employer does make objec­ This bill does not, as the Republican today and, apparently, are incapable of tions-that is, if he turns on his bar­ majority claims it has the voters' man­ looking into the future. They have of­ gain-a hearing is held before the Labor­ date to do, promote the usages of democ­ fered us a blueprint for a Neanderthal Management Relations Board. If the racy in industrial relations; rather it period in industrial relations. They Board finds that the matter affects com­ undermines the institutons of democracy think of the world as static, and would merce, it directs the Administrator to and makes a mocl{ery of the legitimate have the law of the jungle applied to take a secret ballot of the employees in aspirations of millions of American citi­ labor relations w.ith this qualification­ the bargaining unit as to whether they zens as i.oyal and patriotic as any Mem­ all of the stones and clubs are to be put desire the agreement carried out. ber of Congress. It would deny to work­ into the hands of those employers who We then come to one of the most pre­ ers and their organizations those pro­ remain unthinking enemies of unions. I posterous provisions in the bill. In the cedures and practices that are our demo­ should be false to my oath and my duty ballot last mentioned, a majority of all cratic heritage and .tradition. Unless if I did not denounce this bill. I shall of the employees in the bargaining unit H. R. 3020 is a grisly stupid joke-which feel a deep sense of shame if this House must vote in favor of carrying out the I woulC: prefer to consider it-or an irre­ approves it. provision, if it is to be regarded as out­ sponsible political trick, I regard it as Mr. HARTLEY. Mr. Chairman, will side the scope of the unfair-labor-prac­ one of the most impudent and reckless the gentleman yield? tice section. proposals ever put before Congress. Mr. HOLIFIELD. I am glad to yield. 1947 CONGRESSIONAL RECORD-HOUSE 3455 Mr. HARTLEY. Will not the gentle­ day and the previous orders heretofore LAWRENCE, MASS. man in his remarks also call to the at­ entered for that day. Mr. LANE. Mr. Speaker, they built a tention of the House the fact that there The SPEAKER. Is there objection to dam to back up the waters and then dug was at least one gentleman on the other the request of the gentleman from New two canals to control the fiow for the side of the aisle who denied that we Jersey? uses of industry, and in this manner a were entitled to all the credit for this There was no objection. town was born and its name was Law­ bill and claimed some credit for himself? EXTENSION OF REMARKS renc-e. Mr. HOLIFIELD. I realize that. My Looking backward, we realize how im­ remarks were very explicit. I said the Mr. O'KONSKI

Sinkola, and Charles Young, Sr.; ~ the Com· to attend the sessions of the Interparlia­ mittee on the Judiciary. SENATE mentary Union. By Mr. FLETCHER: The Senator from New Mexico [Mr. H. R. 3064. A bill authorizing and directing WEDNESDAY, APRIL 16, 1947 CHAVEZ], from Georgia. £Mr. the Sea-etary of the Interior to issue a patent the Senator 1n fee to Thomas Lucas; to the Committee on (Legisl'tttive day ot Monday, March GEoRGE], the Senator from South Caro­ Public Lands. 24, 1947> lina £Mr. MAYBANK], and the Senator · By Mr. JAVITS: from Louisiana [Mr. OVERTON] are H . R. 3065. A bill for the rellef .of Miguel The Senate met at 12 o'clock meridian, absent by leave of the Senate. A. Viera; to the Committee on the Judiciary. on the expiration of the recess. The Senator from Arkansas [Mr. FuL­ By Mr. KUNKEL: The Chaplain, Rev. Peter Marshall, BRIGHT], the Senator from South. Caro­ H. R. 3066. A bill for the rellef of Lawrence D. D., offered the following prayer: lina t:Mr. JOHNSTON], and the Senator G. McCarthy; to the Committee on the Ju­ from Washington [Mr. MAGNUSON] are diciary. 0 Lord our God. in the face of life's By Mr. MICHENER (by request): detained on public business. mysteries and its vast imponderables, The Senator from Georgia [Mr. H . R. 3067. A bill for the relief of E. J. give us faith to believe that Thou makest Rus· Brennan and Janet Howell; to the Committee SELL] is absent because of illness. all things to work together for good to The Senator from West Virginia IMr. on the Judiciary. the.z:n that love Thee. Strengthen our H. R. 3068. A b1ll for the re11ef of Alfred KILGoRE l. the Senator from Tennessee Tr..y to Thomas Freitas; to the Committee on the conviction that hand is upon us, [Mr. Snw.ARxJ. and the Senator from Judiciary. lead us and to use us in working out New York [.Mr. WAGNER] are necessarily H. R . 3069. A bnt for the relief of CecU T. Thy purposes in the world. Even though absent. May; to the Committee on the Judiciary. we may not see the distant scene. let us The PRESIDENT pro tempore. By Yr. O'TOOLE: be willing to take one step at a time and H. R. 3070. A ·bill for the relief of Simon Seventy-five Senators having answered trust Thee for the rest. Through Jesus to their names, a quorum is present. Broder; to the Committee on the Judiciary. Christ. Amen. By Mr. REED of New Ym:k: MEETING OF .APPROPRIATIONS SUB- THE JOURNAL H. B. 30'71. A b1U for tbe relief of Hong COMMITTEE ON LABO& AND FEDERAL Fort Chew; to the Committee on the Judi­ On request of Mr. WHERRY, and by SECUB.ITY ciary. unanimous consent, the reading of the Mr. KNOWLAND. Mr. President, I Journal of the proceedings of Tuesday, ask unanimous consent that the Appro­ PETITIORS. ETC. April 15, 194:7, was dispensed with, and priations Subcom.mlttee on L9.bor and Under clause 1 of rule xxn. petitions the Journal was approved. Federal Security may hold a meeting thls and papers were laid on the Clerk's desk CALL OF THE ROLL afternoon~ and referred as follows: Mr. BROOKS obtained the floor. The P.RESID.ING OFFICER. Without 328. By Mr. BRAMBLETr: Petition of Elo­ Mr. WHERRY. Mr. President., will objection, consent for that purpose is Ise Stoltenberg and others, rel~tiv~ to pro­ the Senator from .Dlinois yield to me? granted. posed legislation prohibiting liquor advertis­ Mr. BROOKS. I am glad to yield. LEAVE OP ABSENCE Ing 1n t~tterstate commerce and via radio: Mr. HOLLAND. Mr. I to the ComJOittee on Interstate and Poreign Mr. WHERRY. I suggest the absenee President, ask Commerce. of a quorun•. unanimous consent of the Senate that I 329. By .Mr. BROWN of Ohio: Petition of The PRESIDENT pro tempore. The may be absent for the rest of the week on .Miss Amy M. Henry and others. for the pas­ clerk will call the roll important public business . sage of s. 265. a b1J.I to prohibit the tran~­ The Chief Clerk called the ron, and the ··The PRESIDENT pro tempore. With­ portat1on of alcohoUc-bevernge advertising 1n following Senators answered to their out obJection. consent is granted. interstate commerce and the broadcasting of names: alcohollc-beverage advertising over the radio; KEBTING OF BUBCOMM1'l'TBE O.P Aiken mu o·conor JUDICIARY COMMITI'EB to the Committee on Interstate and Foreign Baldwin Hoey O'Daniel Commerce. Ball Holland O'Kahoney Mr. LANGER. Mr. Presid~nt, I ask 330. By Mr. JONES o! Ohio: Petition of Brreker Ives Pepper unanimous consent that the subcommit­ Mr.s. Elld K. Lowry and 90 other mothers. Br.ldges .Jenner Beed Chrlstian citiZens, and members of a Sunday­ Brooks J'!lb.n.son, Colo. Revercomb tee of the Judiciary Committee may meet school class, o! Troy. Ohio, urging the pas­ Bushfleld Kem Robertson, Va. this afternoon to hear a number of wit­ Byrd Knowland R';)bertson, Wyo. nesses on the antimonopoly bill; and in sage of S. 265, whlch bans Itquor advertise­ Cain Langer Sa.ltonsta.U ments 1n newspapers, periodicals, news reels. capper Lodge Smith that connection. inasmuch as I am by radio, etc.; to the Committee on Interstate Connall7 Lucas Sparkman chairman of the subcommittee, I ask and Foreign Commerce. Cooper McCarmn Tatt unanimous consent to be absent from the 331. By Mr. McGREGOR: Petition of the Cordon · McCarthy Taylor Donnell McClellan Thomas, Okla. Senate this afternoon for that purpose. citiZens of Knox County, Ohio, urgln:g pas­ The PRESIDENT pro tempore. With­ sage of S. 265. the Capper bill, to prohibit Downey McFarland Thomas, Utah Dworsha'k McGrath Thye out objection. ~onsent is granted. the transportation of alcoholic-beverage ad­ Eastland McKellar Tobey vertising in interstate commerce and to pre­ Ecton JricMahon Tydings TRANSACTION OF ROUTINE BUS~Nm!B vent the broadcasting of alcoholic-beverage Ellender M!llone Umstead auvertising over the radio; to the Committee Flanders lllartln Vandenberg By unanimous consent, the following on Interstate and Foreign Commerce. Green Mllliklu Watklns routine business was transacted: Gurney Moore Wherry 882. By the SPEAKER: Petition of mem­ H'l.wkes Morse Willlanul BXECU'TIVB COMMUNICATIONS, ETC. ben; of the Lake COunty Townsend Club. Hayden Murray Wilson Florida, petitioning consideration of their Hickenlooper Myers Young The PRESIDENT pro tempore laid resolution ·with reference to endorsement of _before the Senate the following letters, the proposed social-security legislatton.known Mr. WHERRY. I announce that the which were referred as indicated: Senator from Maine [Mr. BREWSTER] and as the Townsend plan, introduced 1n the l)oNATIONS BY NAVY DEPARTMENT '1'0 NoN· FEBGU­ Eightieth Congress as H. Res. 16; to the com­ the Senator from Michigan r.Mr. PROFIT INSTlTUTIONS AND ORGANIZATIONS mittee on Ways and Means. soxJ are. absent by leave·of the Senate to A letter from the Secretary o! the Navy, 333. Also, petition of members of Boynton attend the sessions of the Interparlia­ reporting. pursuant to law. a. llst of institu­ Beach Townsend Club, No.· 1.. Florida, peti­ mentary Union. tions and organizations. all nonprofit and tioning consideration of their resolution with £Mr. eligible, which have requested donations from reference to endorsement of the proposed The Senator from Nebraska Bvr­ LERJ is absent· by leave of the Senate. the Navy Department; to the Committee on social-security legislation known as the Armed Services. Townsend plan, introduced in the Eightieth The Senator from Indiana £Mr. CAPE­ Congress as H. Res. 16; to the Committee on HART] and the Senator from Wisconsin ':l'BANSFU BY NAVY I)EPABTKEN'r OP PEBSONHEL Ways and Means. [Mr. WILEY] are absent on official busi­ LANDING Ca.Arr TO GIRL SCOUT J.IAKINU 334. By Mr. CANFIELD~ Petition of the ness. TRooP, PACIFIC Gaov£, C~IP. One Hundred and Seventy-first Legislature · The Senator from Delaware £Mr. A letter from the Acting Secretary o! the of the State of New Jersey, memorializing the Btrcxl is necessarily absent. · Navy. reporting, pursuant to law, that the CongreEs to adopt H. R. 724, providing for the Girl Scout Mariner troop at Paclfic Grove, conveyance o! the Bureau of Animal Indus­ Mr. LUCAS. I announce that the Sen­ Ca.llf .• had requested the Navy Department try quarantine station at Clifton, N. J., to ator from Kentucky [Mr. BARXLEY] and to transfer a personnel landing craft for the city ot Clltton., N. J.; to the Committee the Senator from New Mexico [Mr. the use of that organization; to the Com­ on Public Works. IJA7CHl are abSent by leave of the senate mlttee on Armed Services.