1949 CONGRESSIONAL RECORD-HOUSE 5053 to conform to the provisions of this act and that all things may be so settled and Mr. VINSON. Mr. Speaker, last Sat- · for no other purpose. ordered by their endeavors upon the best urday the Honorable Louis Johnson, Sec­ Numerous other allegations and expressions and surest foundations, that peace and ret9,ry of Defense, made a courageous and of opinion are noted. These allegations and happiness, truth and justice, religion a momentous decision. He ordered the expr-essions of opinion are of such nature that they are not provocative of serious and piety may be established among us termination of the construction of the thought and fail to merit the dignity of for all generations. And Thou who hast 65,000-ton so-called supercarrier. denial. given us this good land for our heritage, In years past I helped build a two­ Unfortunately, the good citizens and sound grant that we may always be a people ocean Navy. I am proud to think that businessmen from whom complaints h ave mindful of Thy favor and glad to do Thy was correct, for we need a two-ocean been received appear to h ave based their ob­ will. Endue with the spirit of wisdom Navy to fight any war that comes. jections and complaints on the information those to whom in Thy name the author­ Now we know that if war should ever gathered from this brief, which appears to ity of government is entrusted, that coIIJ.e again it will be a struggle with a have been widely publicized through the press and other media. Their expressions there may be justice and peace at home, land .power. · are no doubt based on this misunderstanding and that, through obedience to Thy law, It is simply a matter of the proper al­ or misinterpretation of the proposed regula­ we may show forth Thy praise among the location of war missions between the tions. nations of the earth. Navy and Air Force. It is our firm opinion that should these In times of peace and prosperity fill It is the business of the Air Force to use good people avail themselves of an oppor­ our hearts with thankfulness, and in the long-range bombers in time of war. And tunity to read and analyze the proposed reg­ day of adversity suffer not our trust in yet, this carrier was to accommodate ulations which were published in the Federal Register on l\IIarch 11, they will more readily Thee to fail; for the sake of Him who such long-range bombers. understand the misinterpretation and dis­ died and rose again, came among us as We cannot afford the luxury of two t ortion which has been placed upon the pro­ One that serveth, and ever liveth to ma){e strategic air forces. We cannot afford posals through information which has been intercession for us, Jesus Christ, Thy Son, an · experimental vessel that, even with­ disseminated from the office of a trade asso­ our Lord. Amen. out its aircraft, costs as much as 60 B-36 ciation which assumes to be a competitor of long-range bombers. these mutual thrift institutions. We want The Journal of the proceedings of yes­ terday was read and approved. We should reserve strategic air war­ you and your associates to know of the sin­ fare to the Air Force. cere desire of every member of this Board to MESSAGE FROM THE SENATE fully comply with the spirit and letter of the And we should reserve to the Navy its statutes under which we operate, and that we A message from the Senate, by Mr. historic role of controlling the seas. I are conscious of our responsibility to the pub­ Carrell, one of its clerks, announced that do not now-and I never will-advocate lic interest in the sound development of the Senate had passed a bill of the fol­ depreciation of our Navy. thrift throughout the Nation. lowing title, in which the concurrence Secretary Johnson is to be commended With assurances of high esteem, I am, of the House is requested: both for the nature of his decision and Yours very truly, • S. 900. An act to amend the Commodity for moving promptly to resolve this im­ 0. K. LAROQUE, Board Member. Credit Corporation Charter Act, and for other portant matter. purposes. The SPEAKER. The time of the gen­ RECESS The message also announced that the tleman from Georgia [Mr. VINSON] has Mr. MYERS. I move that the Senate Senate ihsists upon its amendment to the expired. stand in recess until 12 o'clock noon to­ bill collective bargaining and arbitra­ clude in each extraneous matter. is not present. tion of disputes arising out of the inter­ Mr. WOODRUFF asked and was given . Mr. McCORMACK. Mr. Speaker, I pretation of contracts between labor and ·permission fo extend his remarks in the move a call of the House. management. H. R. 2032 improves the ·RECORD in three instances and include in A call of the House was ordered. Wagner Act by providing for legislation each extraneous matter. The Clerk called the roll, and the fol­ concerning strikes in vital industries af­ Mr. COLE of New York union shop contract with­ acted upon by the House as a whole. Mr. HERTER. I thank the gentleman out being first authorized to do so I do not believe that any bill on which for his contribution. through an election among the employees a rule has been asked in' recent years From the evidence presented before involved. These leaders were also ex­ has been as fully discussed as was this the Rules·Committee, it was obvious that tremely critical of the provisions that re­ bill. The Rules Committee devoted the many members of the Committee on quired approval by a majority of the em­ better part of 5 days to its consideration. Education and Labor were anxious to ployees eligible to vote rather than a The Rules Committee did this because benefit by the hearings that had been majority of those voting. The Wood the chairman of the Committee on Edu­ held in subcommittee and by the public substitute has met both of these criti­ cation and- Labor, in his opening re­ testimony which has been given over the cisms and proposes to do away with the marks, requested a closed rule. It was last 18 months by representatives of union:-shop authorization election en­ soon apparent from the testimony given labor, management, and the public with tirely. Thus under the Wood substitute, that this request for a closed rule, which respect to the Taft-Hartley law. They labor organizations will be able to· nego­ would have allowed no Member to offer were apparently convinced that there tiate union-shop contracts without spe­ an amendment on the floor of the House, were a number of changes which should cific prior authofization of the employees followed quite logically the procedure be made in the existing law; This con­ "involved. which had been pursued within the com­ viction was derived mostly from the testi­ Second, leaders of organized labor mittee itself. mony of leaders of organized labor. As both in the Senate hearings and in the 5058 CONGRESSIONAL RECORD-HOUSE APRIL 26 House hearings, as well as in the press, strike who are not eligible to reinstate­ it is not possible to do away with have been very critical of the union-shop ment shall not be eligible to vote in rep­ injunctions entir-ely and still protect provisions of the present law which make resentation elections. These leaders the public interest. Even the Lesin­ nonpayment of dues the sole ground on contended that this provision coupled ski bill provides for injunctions against which unions can demand the discharge with other provisions of the act could be . labor unions in secondary-boycott cases of an employee who has been expelled used by employers to bust unions. The and jurisdictional strikes, so the Lesin­ from the union. They have pointed out Wood substitute meets this criticism ski bill itself recognizes the need for that it is illogical for the Taft-Hartley made by union leaders, and specifically the injunctive remedy. The Wood sub­ Act to attempt t.o make unions liable in provides that employees on strike can stitute continues, however, a provision damages for breach of their. contracts, vote ,in representati-on elections-if they of the existing law which· the Lesinski while at the same time· denying to them· have not been validly replaced for 90 bill omits-namely, the provision au­ the. only means that they have of dis­ days or more by a permanent replace­ thorizing the President to seek in­ -ciplining members who engage in strikes ment. Thus und-er the Wood substitute junctions to protect the national inter­ -and other activities in violation of union an employer would not be able to bust a est when the national health and safety ·contracts . . Moreover,, unions have point­ union by employing strikebreakers · is imperiled. I do not believe that it is ed out that even if they expelled a mem­ rather than bona fide employees to in the public interest to do away with this ber because he is a Communist, they. still replace strikers. provision of existing law, and I do not ,cannot compel the employer to discharge Seventh. Union leaders criticized the th.ink that the abuses ...of the injunction that individual. Both of these criticisms Communist disclaimer provisions of the power- in the past, when the injunction of the existing law are met in the Wood present law on the ground that it was was used as a means of enforcing yellow­ substitute, and the Wood substitute spe­ unfair to apply such provisions to them dog contracts, is any argument for abol­ cifically authorizes unions to compel and not impose the same requirements ishing the injunctive remedy for protect­ ·the discharge of employees who have on employers. The Wood substitute ing the public from irreparable damage. . been expelled from .the union for en­ meets this criticism by requiring that The concessions made by the Wood sub­ gaging in wildcat strikes and employees officers of employers as well as officers · stitute are all in the public interest. , who .have .been expelled from the union of labor organizations file affidavits dis­ Mr. MADDEN. Mr. · Speaker, I yield for being members of the Communist claiming Communist affiliation as a con­ 5 minutes to the gentleman from Vir­ .Party or other .subversive organizations. dition of being able to invoke the act. ginia· [Mr. SMITH] . I might add by way of interpolation, Eighth. Labor organizations very se­ Mr. HERTER. Mr. Speaker, I yield Mr. Speaker, that the statement made verely criticized the provisions of the the gentleman from Virginia [Mr. by the American Federation of Labor in present law which compel the general SMITH] five additional minutes. .its analysis of the Wood bill so far as counsel of the Board to apply for injunc­ Mr. SMITH of Virginia. Mr.-speaker, ·this particular provision is concerned tions against unions in secondary-boy­ today we are beginning the considera­ contained a number of complete mis­ cott cases and contain no provision for tion of what is probably one of the most statements of fact. mandatory injunctions against em­ important pieces of legislation that we - Third. Union leaders .have contended ployers. The Wood substitute meets shall have during this Congress. There that the present law completely out­ this criticism by abolishing the manda­ has been a good deal said about how it lawed the union hiring hall and pro­ tory injunction and giving the general was handled in the ·Labor Committee hibited an employer from recruiting counsel discretion to apply for temporary now and how it was handled in the Labor workers through a union hiring hall. In injunctions either against employers or Committee when the Taft-Hartley bill connection with this criticism they.have unions whenever he thinks that it is was under consideration, about arbitrary pointed out that the union hiring hall necessary to do so to prevent irreparable conduct, and so forth. Well, I am not has been established and utilized for injury. concerned with that. I think my friend, years in various industries and that the Ninth. Labor-union leaders were ex­ the gentleman from Michigan, Mr. PAUL Taft-Hartley Act had the effect of dis­ tremely critical of the provisions of the SHAFER, could tell you a little anecdote rupting this long-established institution. present law that required an election to that would probably explain what is go­ The Wood substitute meets this criticism be held among employees on the em­ ing on and who is doing it. The question by providing that it is not to be con­ ployer's last off er in disputes involving that we are to consider is the question sidered an unfair labor practice for an the national health and safety. of the merits of this measure. employer to notify a union hiring hall In one case the union directed its Now, the Committee on Rules has when he has jobs to be filled. · members to boycott such an election, and granted an open rule for the considera­ Fourth. Labor union leaders have pre­ as a result no votes were cast whatsoever. tion of this bill, and by an understand­ sented much testimony designed to show ing and agreement before the rule was The Wood substitute meets this criti­ reported, when the first section of the that the secondary boycott provisions of cism of the existing law by abolishing the Lesinski bill is read, it will be in order existing laws are unfair, because they election on the employer's last off er. and the gentleman from Georgia [Mr. require union members to "scab"-as These proposed changes I have enu­ Woon] will offer as a substitute for that unions call it-on their own brother merated which are made by the Wood bill the so-called Wood bill. That is members. The Wood substitute meets substitute are all made in a sincere effort going to give the Members of this House this criticism by permitting employees to meet justified union criticism of the the opportunity to vote on the two in the same local to strike against goods present law and to achieve an evenly bal­ philosophies of labor legislation, one being produced for the account of an a-s.ced labor-management policy. All of represented by the old National Labor employer against whom other members the changes are important. There are Relations Act which, by pressure of pub­ of the local are striking. doubtless other changes that Members of lic opinion over the years, was repudi­ Flfth. Labor union leaders have pointed this body will wish to propose. I want tO' ated 2 years ago. The Lesinski bill re­ out that under the present law if em­ emphasize again that any change or stores all of the evils of the old National ployees strike in violation of or in dis­ changes in the present law can be pro­ Labor Relations Act. The Wood bill is regard of the requirement that unions posed, using the Wood substitute as a based upon the theory of the Taft-Hart­ give 60 days' notice of their intention to vehicle. And I also want to emphasize ley Act and will give those of you who negotiate changes in contracts, the em­ that virtually no change in the present were in the Eightieth Congress and voted ployees lose all of their rights under the law except outright repeal of every last for the Taft-Hartley Act, and who con­ act, whereas if employers disregard or provision can be made using the Lesinski stitute a majority of the present mem­ violate such notice requirements they bill as a vehicle. bership of this House, an opportunity are not penalized in any way.' The Wood There is one criticism of the present of voting on the Wood bill to decide substitute abolishes this apparent dis­ law that union leaders have made which whether you were wrong then or whether parity of treatment between employees is met only partially by the Wood substi­ you are wrong now. So, this method and employers. tute. . Union leaders violently oppose presents to you the two theories of labor Sixth. One provision of the present law all provisions authorizing injunctions legislation, and I want, in these brief against which the leaders of organized against union activities, whatever they few moments that I have, to tell you labor directed particular critictsm is the may be and whatever form they may something about what the various bills provision stating that employees on take. With the present power of unions, do. 1949 CONGRESSIONAL RECORD-HOUSE 5059 , I want you to know that if you vote to explain to your people, those of you alls than all the other legislation that against substituting the Wood bill .and who vote for the Lesinski bill, why you has ever been proposed by these fellows vote for the Lesinski bill, that there are voted for a measure. that reverses a de­ who stand up here and say, "We are ::tll certain important things that you are cision of the ·Supreme Court which said for labor." repealing that a majority of you voted that your State should. have the right The SPEAKER pro tempore [Mr. for 2 years ago. The Lesinski bill will .to police in .these matters. HARRIS]. The time of the gentleman repeal that provision which separated I think some gentlemen will be em­ fr.om Virginia has expired. the supervisory forces from the laboring barrassed if they are asked that question . Mr. HERTER. Mr. Speaker, I yield forces in collective bargaining. If you when they get back home. Do not for­ the balance of the time on this side to the vote for the Lesinski bill you will vote to get, whatever you do, the States' rights gentleman from New York [Mr. WADS- repeal the free-speech clause contained provision and the repeal of the States' WORTH]. . in the Taft-Hartley Act. The· Taft­ rights provision in the Lesinski bill is . Mr. WADSWORTH. Mr. Speaker, it Hartley Act, strange as it may seem, re­ the most important and vital thing in is not my intention to discuss the details iterates the constitutional provision that this whole bill. You are going to have of the so-called Lesinski ·bill or the details everybody shall have the right of free to explain to somebody, if you vote to of the substitute bill which is going to be speech. Before that an employer could say that your State shall not have the proposed, nor to any considerable degree, not say a word to his employee about right to exercise its police powers in the the details of the Taft-Hartley law, which labor relations. control of these matters, particularly if is still on the statute books. You will all - .If you vote for . the Lesinski bill you you happen fo. be one of those who voted a-gree with me, I am sure, that we are vote to repeal the constitutional privilege for the Taft-Hartley Act 2 years ago. facing here in the House of Representa­ of free speech. - Somebody is going to rise here and tell tives an exceedingly important issue. If you vote for the Lesinski bill, you you, "Don't take the Wood bill. That The country is watching us. I am sure vote to repeal the action you took 2 is not the way to do this thing. We that the average citizen is hoping and years ago in prohibiting secondary boy­ are going to· take the Lesinski bill and praying for a just solution of a most dif­ cotts and jurisdictional strikes. The then we are going to amend it off the ficult problem. I cannot boast of being Lesinski bill retains only those ·prohibi­ face of the earth, so nobody will know versed in the·law, not having been ad­ tions against jurisdictional strikes and what it looks like, and we are going to mitted to the bar: but it occurred to me secondary boycotts where they involve a give you a lot of things like the protec­ several years ago at the time when the dispute between two labor unions. The tion the Wood bill is going to give you original Wagner Labor-Relations Act broad field of secondary boycotts and in strikes endangering the national was passed, that with the passage of that jurisdictional strikes is not touched. health and welfare. act labor unions were for the first time, That is repealed by the Lesinski bill. That is the next most important thing. if I am correct in my recollection, given If you vote for the Lesinski bill you If you vote for the Lesinski biU you vote definite recognition by Federal statute. will be voting to restore the -0ld feather­ to take away the power of your Govern­ They were given statutory recognition, bed practices, namely, the . right of a ment and the power of your President which extended to them the right of col­ labor union to force an employer to pay to prevent strikes in emergencies that lective bargaining. Of course, in extend­ for work that is not to be performed. affect the health and the welfare of the ing that right, there was imposed, in a If you believe in that, you vote for the American people. Do you wa.nt to vote sense, upon the employer the duty of co­ L.esinski bill. :for that? · operating with the union in collective · If you vote for the Lesinski bill, you They are going to say, "Oh, no, we are bargaining. In any event, I think I am vote to repeal the right of an employer g·oing to ·amend the Lesinski bill." Well, not far wrong in saying, that by that act to petition for an election to determine they. did not amend the Lesinski bill in the Congress of the United States clothed with whom· he ought to bargain. That the committee, and you do riot find any­ organized labor unions with a public in­ is a surprising thing, but under the Na-. thing about it in the Lesinski bill as pre- terest, just as Congress and State legis­ tional Labor Relations Act two unions sented here.· · ' latures from time to time have clothed can fight interminably over the right to Many of these Members making tqis . other organizations with a publio interest represent the employees in a factory and · argument are going to vote against g~v­ by recognizing them under statutory au­ the employer does not have the right to ing the President of the United States thority. So today, unless I am very much go before the Labor Board and say, "Have any such right. But the Lesinski bill is mistaken, the labor union is literally an e1ection and settle this thing so tl:iat so formed and so phrased, that I chal­ clothed With a public interest. ·May I I can go on in my business." That is lenge anyone to get up on the floor of try to point out to you, inadequately I am what you are going to repeal if you vote the House and tell us how you can amend afraid, the situation which existed, let for the Lesinski bill. the Lesinski bill. I studied both bills. .us say, in 1946. A dispute would break If you vote for the Lesinski bill, you Read the Lesinski bill and tell me how out between management and labor in a vote to change what you did 2 years ago you would ever manage to amend that huge industry. All the work in that in­ relative to the prohibition of the closed bill so as to put back into it the features dustry ceased as a result. shop. necessary for the protection of the gen­ The representatives of management If you vote for the Lesinski bill, you eral public-not for the protection of and the leaders of the labor unions in­ are voting to do away with the Com­ labor unions, and not for the protection volved met in a hotel in some great city, munist oath. The Wood bill makes the of corporations, but for the protection of like Chicago or New York or even Wash­ Communist oath applicable to both em­ your people back home. Will someone ington, and began to discuss and argue ployer and employee, but the Lesinski stand up and tell me how the Lesinski bill amongst themselves as to what they,were bill wipes it out. If you do not want can be amended so as to"put those fea­ willing to do and what they were not an employee to be required to say if he tures in it? It just cannot be done. Take willing to do. A crowd begins to gather belongs to the Communist Party, you my word for it. on the street outside, small at first, per­ vote for the Lesinski bill. Those are the questions you are going haps impelled by curiosity, waiting to see I think the most important thing you to have to determine and are going to what this little group of men, perhaps not are going to vote on if you vote for the have to decide for yourself. But do not exceeding 8 or 10 in number, decide Lesinski bill is the States' rights provi­ get fooled on the idea that you can vote upon with respect to what they are go­ sion. You all know that recently the down the Wood bill and then· ever get a ing to do about a great industry. Supreme Court has upheld the right of bill in this House that is going to protect As the days go by the crowd increases, a State to legislate on the closed shop. the rights of your people and protect the gazing furtively up at the fourth-floor The Lesinski bill in specific terms re­ rights of your States, and the rights of windows, wondering where they are go­ verses the Supreme Court of the United the workingman. Let me· say something ing to get their food tomorrow; wonder­ States and says that that decision shall to you. Let me say-and you all prob­ ing perhaps when they will get their no longer be the law of the land. ably know it-you can talk all you want Clothing, and the thing goes on and on Is there anybody here in this age of about the Taft-Hartley law, but the Taft­ and on until the crowd represents nearly progress who still believes in something Hartley law has more in it for the pro­ the whole people of the United States. in the nature of States' rights? If you tection of the workingman, for the pro­ That was the situation, as I view it, do, when you go back home I want you tection of the man who wears the over- which we faced in 1946-a lack of a 5360 CONGRESSIONAL RECORD-HOUSE APRIL 26 ' sense of responsibility on the part of Mr. McCORMACK; Mr. Speaker, will ing before the Board before January 1, those clothed with the public interest. the gentleman yield right there? 1949. So, an honest effort was made in 1947 to Mr. KELLEY. I yield.' Section 106 adds to the Wagner Act equalize that burden of responsibility be­ Mr. McCORMACK. And everyone provisions dealing with certain types of tween the two parties to the end that they who advocated that has always advo­ secondary boycotts and jurisdictional would be conscious of the fact that they cated antilabor legislation in past years . disputes. These additions may be sum­ owe a responsibility to the country as a in this body. marized as fallows: whole which overtops their responsibility _ Mr. KELLEY. That is correct; since Section 106 (a) is of an introductory to their respective groups. I have been here that has been true. character. It is a general finding that Men have said that as a result of that Ostensibly we are going to consider unjustifiable conflicts between labor or­ effort in 1947 to balance the burden of the bill, H. R. 2032, to repeal the Labor­ ganizations lead to industrial strife, and responsibility between the two groups Management Relations Act of 1947 and that the public interest requires abate­ and to bear in mind the vital interest of to reenact the National Labor Relations ment of such strife. the public which was standing in that Act of 1935, and for other purposes. At Section 106 (b) defines "secondary street in ever-increasing numbers labor this :i;:oin;; I think it would be well to boycott" and "jurisdictional dispute." has lost ground; that labor unions have analyze the provisions of the bill, H. R. S~condary boycott is defined as a con­ been weakened; that their life has l;>een 2032. certed refusal to handle a particular threatened. ANALYSIS OF H. R. 2032 product because the product has been or Mr. Speaker, since.1947 the member­ Section 101 repeals the Labor-Man­ is to be manufactured, produced, or dis­ ship of labor unions has increased tre­ agement Relations Act of 1947, com­ tributed by another employer. mendously. Numerically they are more monly known as the Taft-Hartley Act. Jurisdictional dispute is defined as a powerful today than they ever were, and, dispute between two or more labor or­ believe it or not, I rejoice in that. I am Section 102 reenacts the National ganizations concerning the assignment of glad to see labor unions increasing in Labor Relations Act of 1935, commonly work by an employer. Under this defi­ membership. Other things being equal, known as the Wagner Act, as it existed nition, jurisdictional dispute is limited to that is a healthy thing. Again, it has prior to the enactment of the Taft-Hart­ a controversy between two or more labor been said that the act of 1947 would cause ley Act. organizations. It does not·include a dis­ a great increase in strikes. It had exactly The various subsequent sections of the pute between a union and an unorgan­ the opposite effect, a marked decrease in bill amend the Wagner Act, along the ized group of employees or between a strikes. And then, strange to say, in lines long advocated by the President and union and an employer over the employ­ view of the dire prophesies made with to which the Democratic Party com­ er's assignment of work to unorganized respect to the act of 1947, the wages of mitted itself before the last election. employees. The definition thus avoids the workingman, according to the sta­ The Thomas-Lesinski bill is thus de­ one of the objectionable features of the tistics of the Bureau of Labor Statistics signed to carry out the pledges made by jurisdictional-dispute provisions of the have gone up literally a little higher the President and by the Democratic Taft-Hartley Act-section 8 (b) (4) proportionately than the cost of living. Party. I will now take up one by one (D)-which was not limited in its appli­ So that today the hourly wage of the the various amendments of the Wagner cation to disputes of labor organizations. a.verage . American workingman pur­ Act. The Taft-Hartley provision could be used chases more goods than it ever has in the Section 103 continues the present Na­ by an employer to undermine a labor or­ history of the United States. And I re­ tional Labor Relations Board as a five­ ganization by transferring work from or­ joice in that, also. member tribunal, instead of the three­ ganized to unorganized employees. Do I contend that conditions are per­ member tribunal provided for under sec­ It is intended that the term "jurisdic­ fect? No, I do not. I merely cite some tion 3 (a) of the Wagner Act. The tional dispute" shall include only dis­ of these uncontrovertible facts to show heavy volume of work and the large putes over the assignment of work and that the act of 1947 has had no tragic backlog of cases now on the Board's not representation cases which involve consequences whatsoever. docket necessitated the continuation of competition between rival unions for rec­ But coming back to my original creed, the larger Board·. Provision is also made "Ognition as the bargaining agent for the it is this: that as we legislate here today for the continued use of the present same group of employees. Representa­ let us at least, for 2 or 3 days, forget the panel system, by an amendment of sec­ tion cases do not involve a dispute over speCial interest of one group or the spe­ tion 3 (b) of the Wagner Act. the right to perfarm particular work, cial interest of another group, be they Section 104 (2) amends section 4 (a) and are more appropriately resolved by management or be they labor. We must of the Wagner Act as fallows: The an election than by arbitration. remember the overweening interest of salaries of Board members are increased Section 106 (c) amends section 8 of the the public; for, I can assure you that to $17,500 a year. The salary of a Board Wagner Act by making it an unfair labor the public does not want to return to the member under the Taft-Hartley Act is practice for an employer to refuse to as­ conditions that confronted it in 1946 $12,000 per year. The increase is to take sign a particular work task in accord­ with that crowd in the street waiting for into account the rise in living costs, and ance with an award made in a jurisdic­ the group of dictators, management and to give the members of the Board salaries tional-dispute case under section 106 (e) labor leaders, to decide how they, the commensurate with the importance of of the bill. This unfair labor practice is great American public, shall live. their functions. thus designed to implement enforcement Mr. MADDEN. Mr. Speaker, I yield Section 104 (b) is a purely technical of the awards provided for in section 2 minutes to the gentleman from Penn­ provision deleting from the Wagner Act 106 (e). sylvafoa [Mr. KELLEY]. a provision with regard to the old NIRA .Section 106 (d) amends the Wagner Mr. KELLEY. Mr. Speaker, as I lis­ Labor Board. Act by adding to section 8 of that act tened to the distinguished gentleman Section 105 bars the National Labor provisions for unfair labor practices by from Virginia [Mr. SMITH] talk about Relations Board and the courts from tak­ labor organizations. These provisions the so-called Wood bill, I was forced ing any action in cases arising under make it an unfair labor practice for a to believe that what he was talking title I of the Taft-Hartley Act unless labor organization to engage in a second­ about, in plain words, was the Taft-Hart­ such action could be taken under the ary boycott or a strike for the purpose, ley bill. new act with respect to cases occurring first, of compelling an employer to vio­ As I understand the strategy, you will after the passage of this bill. It thus late his statutory obligation to bargain not have any chance to vote on the modifies the provisions of the General with another labor organization; or sec­ Lesinski bill; you will have a chance Savings Act of February 25, 1871, which ond, to further a jurisdictional dispute. to vote on the Wood bill if it is accepted saves pending causes of action in cases The first of these situations is covered after the enacting clause is stricken. of repeal of legislation. Section 105 also by a provision making it an unfair labor 'rhey expect to go along offering amend­ prohibits the Labor Board from issuing practice for a labor organization to en­ ments to the Wood bill and trying to complaints on unfair labor practices gage in a secondary boycott or·a strike to make that bill satisfactory to the mem­ . occurring prior to August 22, 1947, unless compel an employer to bargain in any bership, charges with respect thereto were pend- one of three situations: First, where an- 1949 CONGRESSIONAL RECORD-HOUSE 5061 other labor organization has been certi­ made pursuant to the provisions of this Section 204 declares that it is the duty fied by the Labor Board and such certifi­ section of the bill shall generally be de­ of employers and employees to exert cation is still in effect; second, where the terminative of the work task assignment every reasonable effort to make and employer is required by an order of the issue. This procedure is patterned after maintain collective-bargaining agree­ Board to bargain with another labor or­ present procedure in representative cases ments and to participate fully in meet­ ganization; or third, where another labor and refusal to bargain cases, in which ings called by the Service to aid in set­ organization, although uncertified, has a the prior certification is ordinarily. de~ tling disputes. The purpose of these valid and subsisting collective-bargain- · cisive of the representation issue in the provisions is to emphasize the importance ing agreement which at the time of the derivative unfair-labor-practice case. of peaceful and voluntary methods of strike or boycott would constitute a bar It has the advantage of limiting issues adjusting industrial disputes. to the raising of a question concerning and expediting the decision in the sub­ The same policy underlies section 205 representation. sequent unfair-labor-practice case. This which declares it to be the public policy The purpose of this provisipn is to pro­ is covered by section 106 (f) • of the United States that collective-bar­ tect certifications and orders of the That concludes the treatment of sec­ gaining agreements shall provide for the Board determining the status of a bar­ ondary boycotts and jurisdictional dis­ arbitration of disputes growing out of gaining representative, and to safeguard putes. their interpretation. The Conciliation the employer from pressure by a rival Section 107 amends the proviso to sec­ Service is directed to assist in developing union when he is dealing with the major­ tion 8 (a) (3) of the Wagner Act to procedures for arbitration, in framing ity representative of his employees as make it clear that the Federal statute issues, and in selecting arbitrators. The requireunion dues. These are matters tary arbitration. in a secondary boycott or a strike for the which, except in the case of purely local Section 206 provides for the appoint­ purpose of compelling an employer to as­ enterprises, manifestly require uniform ment of labor-management advisory sign a particular work task contrary to treatment on a national basis. There is committees to advise the Secretary of an award made pursuant to the arbitra­ no conceivable reason why a union deal­ Labor on questions of policy and admin­ tion provisions of the bill. This provi­ ing with the United States Steel Corp. istration affecting work of the Service. sion, like the parallel provision of 106 (c) should be permitted to negotiate for a which applies to employers, serves to im­ closed shop and check-off in Pennsyl­ We come now to title III of the bill plement that portion of the bill providing vania but be denied that right by State which deals with national emergencies for the arbitration of jurisdictional dis­ law in some other State. Nor should resulting from strikes in vital industries. putes. the State be encoura·ged or permitted The provisions of title III are intended Section 106 Ce) sets forth the proce­ to bid for the location of industry to provide a method by which the Gov­ aure. for the arbitration of jurisdictional within their borders by adopting re­ ernment can effectively assist in the set­ tlement of such controversies. It is disputes. It amends section 9 of the Na­ pressive antilabor legislation. A major contemplated that the procedures pro­ tional Labor Relations Act of 1935 by the reason for the creation of the United vided are to be used only in exceptional addition of these provisions. States and for the adoption of the Con­ cases involving a grave national emer­ - The procedure for the arbitration of stitution was to guarantee that the gency. )urisdictional disputes may be invoked country would constitute an economic by either an interested labor union or an unit, with matters affecting interstate Section 301 provides that whenever the President finds that a national emer­ 1 employer when a secondary boycott or a commerce being handled on a national strike is in effect or threatened. The bill and uniform basis. Section 107 secures gency is threatened or exists because of a.uthorized the Board either to hear and this uniformity in the case of labor re­ a stoppage of work in a vital industry determine the jurisdictional dispute it­ lations, and places such matters as the which affects the public interest, he self or to appoint an arbitrator. The closed shop and the check-off in the area shall issue a proclamation to that effect. award of the arbitrator is to be given the of free collective bargaining between Section 302 provides for the appoint­ ,same effect. labor and management. ment by the President of an emergency Whether the dispute is to be heard by Section 108 makes it an unfair labor board. This board is required to make the Board itself or by the arbitrator, op­ practice for either an employer or a its report to the President within 25 days portunity must first be afforded the par­ labor organization to terminate or mod­ after he issues his proclamation. This ties to settle the dispute themselves. ify existing agreements except upon 30 section, unlike the Taft-Hartley Act, re­ Emphasis is thus placed upon voluntary days' advance notice to the United quires the board to make findings and adjustment. States Conciliation Service. This re­ recommendations. The bill thus makes St:l.ndards for the determination of quirement will enable the service to be it possible to secure from a group of im­ the work-assignment issue are set forth apprised in advance of situations which partial experts findings and opinions in the bill. These include prior Board may develop into industrial conflict. upon the basis of which an informed certifications, union charters or inter­ We now come to title II of the bill. opinion can ·be reached. It is believed union agreements, decisions of agencies This title provides for the reestablish­ that the rallying of public opinion be­ established by unions to consider the ment of the Conciliation Service in the hind such recommendations will be a jurisdictional disputes, the past work Department of Labor. This step, our powerful factor in settling sµch disputes. history of the contending labor organi­ committee concluded, is necessary for a The section prescribes a total cooling­ zations, and the policy of the act. By the sound and properly coordinated admin­ off period of 30 days; 25 days during inclusion of these standards it is sought istration of Government-labor functions. which the emergency loard is making to give the Board or the arbitrator ade­ Section 201 reestablishes the Concili­ its investigation and report, plus 5 days quate. statutory guidance, and to avoid ation Service in the Department of Labor, after the report has been submitted. The the charge made with respect to the ju­ and contains certain provisions to its bill does not provide for enforcement of risdictional-dispute provisions of the administration. this waiting period by injunction, but Taft-Hartley Act-section 10 (k) ...:__ Section 202 describes the functions of both of the great labor organizations which contain no standards; that they the Service and permits the Director to have pledged themselves to observe it. are an unconstitutional delegation of intervene in any labor dispute when, in It will be recalled that a much broader legislative power. his judgment, such intervention would no-strike pledge during the war worked This section permits the Board to treat assist the parties in settling the dispute. very well indeed. the case as one involving a petition for The Director is -authorized, however, to Section 303 grants the emergency an election under section 9 Ce) if at any enter into agreement with State and local boards the necessary powers to carry out stage of the proceeding it appears that mediation agencies relating to the medi­ their duties, and carries administrative the dispute is not a jurisdictional one ation of disputes whose effects are pre­ provisions. but one concerning representation. dominantly local in character. That completes the major provisions It is intended that, tn. any derivative Section · 203 prescribes conduct of the of the bill. Title IV contains various unfair-labor-practice case, the award conciliation o~cers. miscellaneous provisions. 5062 CONGRESSIONAL RECORD-HOUSE APRIL 26 Section 401 is declaratory of what the 2 which he said preserves States' rights. Mr. MANSFIELD. Mr. Speaker, will law would be anyway, and makes it clear While that is true in regard to any State the gentleman yield? that the prohibitions in the Norris-La­ for bidding the closed shop as provided Mr. MADDEN. I yield to the gentle­ Guardia and the Clayton Acts against in section 14 (b) ; section 14 (a) defl­ man from Montana. the issuance of labor injunctions are re­ nitely strikes down States' rights in these Mr. MANSFIELD. Mr. Hartley also stored in full force. words: "No employer subject to this act said in his closing remarks that there is Section 402 restores the political-con­ shall be compelled to deem individuals more in this bill, the Taft-Hartley bill, tributions provision of the Federal Cor­ defined herein as supervisors as employ­ · than meets the eye. rupt Practices Act as it existed prior to ees for the purpose of any law, either Mr. MADDEN. That is right, and over the War Labor Disputes Act by striking national or local, relating to collective 61,000,000 wage earners in America, and from the Federal Corrupt Practices Act bargaining." about 16,000,000 union members have provisions relating to labor organiza­ I wanted to ask the gentleman from discovered most of the hidden booby­ tions. Virginia to explain to me what became traps and concealed antilabor restric­ Section 403 defines certain terms of his regard for States' rights when they tions since that time, and that is why which are used throughout the bill. wrote section 14 (a). the Eighty-first Congress was elected to Section 404 makes it clear that no pro­ Mr. MADDEN. I thank the gentle­ repeal that act. Yes, they took John L. vision of the act is to be construed as man. Lewis out of a box. During one of his compelling an employee to render forced Mr. SMITH of Virginia. Mr. Speaker, strikes, he was ushered into a conference~ labor or to work under abnormally dan­ will the gentleman. yield? with our good friend, the present minor­ gerous conditions. Mr. MADDEN. I yield to the gentle­ ity leader, who was then Speaker and the S~ction 405 provides that titles II and m~n from Virginia. distinguished Senator BRIDGES. These III shall not be applicable with respect Mr. SMITH of Virginia. I may say three arbitrators settled the strike in 10 to matters which ·are subject to the pro­ to the gentleman from Indiana that I minutes, but the Taft-Hartley Act had visions of the Railway Labor Act. It is do not like that provision either. How­ nothing to do with that. not necessary to include title I in this exclusion since the definition of "em­ ever, I did not write the Wood bill and The gentleman from Virginia [Mr. I suggest that he offer an amendment to SMITH] stated that the labor unions have ployer" in title I has the same effect. strike that out and I will go along with S8ction 406 contains the usual separa­ increased their membership. Why, the bility provision. him. greatest membership I ever saw in a union The SPEAKER. The time of the gen­ Mr. MADDEN. The gentleman from hall in my district was after those good tleman from Pennsylvania has expired. Virginia was very enthusiastic about the old years of Republican depression back Mr. MADDEN. Mr. Speaker, how fact that the Wood bill outlaws the so­ in 1934-35. Then the union members much time have I remaining? called closed shop. and the wage earners knew that they The SPEAKER. The gentleman from I have in my hand an editorial appear­ must get together and organize so that Indiana has 8 minutes remaining. No ing in the Chicago Tribune in October another depression, with its unemploy­ time remains on the other side. 1947. I am sure my friends on the left ment and. low wages· would not strike Mr. MADDEN. Mr. Speaker, I yield side of this House will certainly listen this country. We had great gatherings myself such time as I may consume. _ attentively to what the Chicago Tribune in the union halls back in 1934, 1935, and The SPEAKER. The gentleman from has to say about the closed shop. The 1936 when wage earners started to or­ Indiana is recognized for so much of the· Chicago Tribune and all newspapers in ganize in order to increase wages and 8 minutes as he may consume. the Chicago area have been tied up in a improve working conditions in America. Mr. MADDEN. Mr. Speaker, I merely paralyzing strike for 18 months. Thou­ The big mistake labor made is that they wish to correct an impression left by the sands of members of the printers' union went .to sleep in 1946, and thought that gentleman from Virginia [Mr. SMITH]. have been without work for that period they had won their battle, but they did Listening to the gentlem9,n from Vir­ of time and millions of dollars have been not figure on the Eightieth Congress. ginia one would believe that the Wood lost. That is why labor-union membership is bill wa&. a· piece of legislation that had Here is what the "world's greatest increasing in 1948 because they are go­ been before the House for some time and newspaper" says about the closed shop ing to repeal and undo the damage done . with which every Member was familiar. which the Wood bill seeks to retain: by the Eightieth Congress. The Wood bill-and I do not know yet "When the law was under discussion in The SPEAKER. The time of the gen­ whether the gentleman from Virginia Congress, as our readers will recall, we advised tleman from Indiana has expired. All was referring to the Wood bill that was against outlawing the closed shop. We did so, time has expired. filed first or the Wood bill that was filed among other reasons, because we knew that The question is on the resolution. the day before we adjourned for the the closed shop worked well in our own plant Mr. HERTER. Mr. Speaker, on that and had worked well for half a century I demand the yeas and nays. Easter recess. or more. Congress did not take our advice. The first Wood bill was. supposed to Neither the Tribune nor the Typographical The yeas and nays were ordered. be the bill that was going to bring out Union writes laws of this country." The question was taken; and there the recommendations of the watchdog were-yeas 369, nays 6, not voting 56, as committee. I am going to make a state­ Somebody is going to have to explain follows: ment now, and I do not think it can be to the Chicago Tribune if this Wood bill [Roll No. 79] contradicted. I hold in my hand the is accepted as is. However, our old friend, Curley Brooks, is out in Illinois YEAS-369 bill H. R. 4290 which is the new Wood Abbitt Beckworth Buckley, N. Y. bill. I received this bill about 3 hours and has plenty of time to explain to the Abernethy Bennett, Fla. Burdick ago. It is made up of 67 printed pages. Chicago Tribune just what the Taft­ Addonizio Bentsen Burke Hartley Act did to him. Albert Biemiller Burleson I say that there are not 20 Members of Allen, Calif. Bishop Burnside Congress who have read or know what My friends, I want to call another Allen, Ill. Blackney Burton is in the second Wood bill, yet we are fact to the attention of the House. You Andersen, Bland Byrne, N. Y. remember when our good friend, Fred H. Carl Blatnik Byrnes, Wis. going to be asked to substitute this piece Anderson, Calif.Boggs, Del. Camp of legislation for H. R. ·2032 which has Hartley, the former chairman of the Andresen, · Boggs, La. Canfield been pending in Congress since Janu­ Committee on Education and Labor, August H. Bolling Cannon ary 3. closed debate 2 years ago on the Taft­ Angell Bolton, Md. Carlyle Arends Bonner Carnahan Mr. JACOBS. Mr. Speaker, will the Hartley law, his closing words in asking Aspinall Bosone Carroll gentleman yield? for votes on the Taft-Hartley legislation, Auchincloss Boykin Case, N. J. Mr. MADDEN. I yield to the gentle­ before the vote was taken were, "Remem­ Bailey Bramblett Case, S. Dak. Barden Breen Cavalcante man from Indiana. ber," he said, "if you vote for this bill you Baring Brehm Cell er Mr. JACOBS. I regret that the gen­ will have John L. Lewis in a box." Well, Barrett, Pa. Brown, Ga. Chatham tleman from Virginia [Mr. SMITH] did John L. Lewis has been in everybody's Barrett, Wyo. Brown, Ohio Chelf. Bates, Mass. Bryson Chesney not yield to me while he had the floor. hair several times since the Taft-Hartley Battle Buchanan Chiperfield I wanted to ask him about Wood bill No. Act has been passed. Beall Buckley, Ill. Christopher 1949 CONGRESSIONAL RECORD-HOU$E 5063 ' Chudoff Javits Pfeiffer, NAYB-8 spirit of hysteria and vengeance. We Church Jenkins W1lliam L. Nicholson Rich Smith, Kans. are not here seeking to play politics, or Clemente Jennings Ph1lbin St. George Wier Cole, Kans. Jensen Phillips, Calif. Norblad to curry favor with any group. Cole, N. Y. Johnson Phillips, Tenn. NOT VOTING-56 And I appeal to the members of the Colmer Jonas Pickett· Combs Jones, Ala.. Poage Allen, La. Goodwin Marcantonio House on both sides of the aisle to ap­ Cooley Jones, Mo. Polk Andrews Gore Multer proach this debate in that same spirit Cooper Jones, N. C. Potter Bates, Ky. Gossett Murphy of fair-mindedness, determined as al­ Corbett Karst Poulson Bennett, Mich. Gregory Murray, Wis. Cotton Karsten Powell Bolton, Ohio Hall, O'Konski ways to legislate in the interests of our Brooks Edwin Arthur Plumley entire country. Coudert Kean Preston Bulwinkle Hart Reed, Ill. Crawford Kearns Price Mr. Chairman, this bill, H. R. 2032, ts Crook Keating Priest Clevenger Hays, Ark. Richards Cox Hedrick Sabath conceived in ~hat spirit. I believe that Crosser Kee Quinn Curtis Heller Smathers Cunningham Keefe Rabaut Davies, N. Y. Hill Smith, Ohio it is one of the most vital measures that Dague Kelley Rains will come before this Congress. Davenport Kennedy Ramsay Davis, Tenn. Hobbs Stockman Davis, Ga. Keogh Rankin DeGra1Ienried Hoeven Taylor It deals with one of the most vital Davis, Wis. Kerr Redden Engel, Mich. Jenison Thomas, N. J. relationships that exists today in our Dawson Kilburn Reed, N. Y. Frazier Judd Thompson Deane Kilday Fugate Kearney Walsh society-the relationship between labor Rees Gamble Kunkel Whitaker and management and the public. Delaney King Regan Garmatz Lecompte White, Idaho Denton Kirwan Rhodes Gilmer Macy Wickersham If we are to achieve a stable society, if . D'Ewart Klein Ribicoff we are to avoid the bitternesses and con­ Dingell Kruse Riehlman So the resolution was agreed to. Dollinger Lane Rivers flicts of class warfare, we must deal Dolliver Lanham Rodino The Clerk announced the following wisely with this relationship between Dondero Larcade Rogers, Fla. pairs- Donohue Latham Rogers, Mass. General pairs until further notice: labor, management, and the public for Doughton LeFevre Rooney it is one upon which many governments Douglas Lemke Sadlak Mr. Garmatz with Mr. Engel of Michigan. in our time have floundered. Doyle Lesinski Sadowski Mr. Heller with Mr. Judd. Durham Lichtenwalter Sanborn Mr. Marcantonio with Mr. Hoeven. We have seen the breach between Eaton Lind Sasscer Mr. Gilmer with Mr. Edwin Arthur Hall. these three vital elements of our com­ Eberharter Linehan Scott, Hardie Mr. Allen of Louisiana with Mr. Gamble. Elliott Lodge Scott, munity widened and widened until, at Ellsworth Lovre HughD.,Jr. Mr. Cox with Mr. Goodwin. times, it threatened to plunge us into Elston Lucas Scrivner Mr. Hobbs with Mr. Bennett of Michigan. the bottomless pit of anarchy. We have Engle, Calit. Lyle Scudder Mr. Fugate with Mr. Macy. Evins Lynch Secrest Mr. Hart with Mr. Plumley. seen proponents of class hatred-on the Fallon McCarthy Shafer Mr. Gregory with Mr. Kunkel. side of labor and on the side of man­ Feighan McConnell Sheppard Mr. Moulter with Mr. Smith of Ohio. agement-seize upon each and every op­ Fellows McCormack Short Mr. Richards with Mr. Taylor. Fenton McCulloch Sikes portunity to put shackles and chains Fernandez McDonough Simpson, Ill. Mr. Whitaker with Mr. Stockman. upon the other. Fisher McGrath Simpson, Pa. Mr. Murphy with Mrs. Bolton of Ohio. That was the spirit, Mr. Chairman, Flood McGregor Sims Mr. Davies of New York with Mr. Kearney. Fogarty McGuire Smith, Va. Mr. Hedrick with Mr. Clevenger. that motivated the passage of the Taft­ Forand McKinnon Smith~ Wis. Mr. Walsh with Mr. Lecompte. Hartley Act. It was that spirit, Mr. Ford McMillan, S. C. Spence Mr. Thompson with Mr. Hill. Chairman, that was the driving force Fulton McMillen, Ill. Staggers Mr. Frazier with Mr. Reed of Illinois. behind those who, in the Eightieth Con­ Furcolo Mcsweeney Stanley Mr. Hays of Arkansas with Mr. Curtis. Gary Mack, Ill. Steed gress, whipped up the frenzy and the Gathings Mack, Wash. Stefan hatred against labor organizations that Gavin Madden Stigler Mr. SHAFER changed his vote from Gillette Magee Sullivan "nay" to "yea." are expressed in that act. And it was Golden Mahon Sutton The result of the vote was announced on the coat-tails of that frenzy and Gordon Mansfield Taber Gorski, Ill. Marsalis Tackett as above recorded. that hatred that the Taft-Hartley Act Gorski, N. Y. Marshall Talle Mr. KELLEY. Mr. Speaker, I move rode to passage. Graham Martin, Iowa Tauriello that the House resolve itself into the The President of the United States, Granahan Martin, Mass. Teague Granger Mae.on Thomas, Tex. Committee of the Whole House on the Mr. Chairman, was well aware of this Grant Merrow Thornberry State of the Union for the consideration when he returned the Taft-Hartley Act Green Meyer Tollefson of the bill n. 5064 CONGRESSIONAL RECORD-HOUSE APRIL 26 I cannot emphasize too strongly­ The fact that we in this country could more extensive hearings that were held T'ne President continued- plunge so important a piece of legisla­ by the appropriate committee in the the importance of the United States in the tion as that governing labor-manage­ other body of this Congress. Every world today as a force for freedom and ment relationships into the crucible of Member of this Congress has had before peace. democratic debate was itself impressive. him for nearly 3 months a· copy of this We cannot be strong internationally if our The fact that out of this crucible we can bill which he could read and study. national duty and our productive strength pour a revised measure that will eliminate Every issue was thoroughly explored. are hindered at home. Anything which the evils and shortcomings of that legis­ weakens our economy or weakens the unity Every shade of opinion among manage­ of our people-as I am thoroughly convinced lation will be even more impressive. ment, labor, the farmers, and the public this bill would do--I cannot approve. It is, Mr. Chairman, a demonstration at large was given an opportunity to be that democracy can work and does work. heard. The experts in labor law and Following that message: Mr. Chair­ If we break faith with the people of our labor-management relations gave our man, the Taft-Hartley Act was put into own country, we do more than destroy committee their considered judgment on our great democratic crucible of public the precious fabric of our own demo­ the legislation now before us. debate. cratic faith. We rip to shreds the pain­ Against this background, the commit­ Countless hours of valuable radio time ful and expensive beginnings that we of tee has given careful consideration to the were consumed with discussion and de­ the democratic faith are today making purpose of H. R. 2032, and a majority bate. Thousands of columns of news­ in western Europe. If we break faith of the committee has concluded that it is paper and magazine space were filled with with our own people-who expressed sound legislation and should be passed. printed words which examined the merits themselves so clearly and in such de­ and demerits of the Taft-Hartley Act. I do not. propose, Mr. Chairman, at On public platforms all over the land - tail last November-we confess to the this time to go into the specific provi­ people of western Europe who are today sions of H. R. 2032. That will be done by speakers expounded their views on the desperately seeking the truth that the virtues and the faults of this legislation. the other members of the Committee And, Mr. Chairman, last November forces of communism speak the truth, on Education and Labor. this issue was put squarely before the while we practice hypocrisy. I am confident, Mr. Chairman, that voters of the Nation. ·I know that this House will not make the House will act upon this measure in The platform of the Democratic Party, such a confession. I know that this the- spirit in which it is presented-a Mr. Chairman, stated clearly the policy House will keep the faith of our own spirit of fair play and a consciousness of our party with respect to labor-man­ people and of the people in other lanc,Is that what we do here with this measure ' agement relations. who look to us to keep the torch of will have an overwhelming effect on the It declared : democracy always lighted. structure and growth of our society here We advocate repeal of the Taft-Hartley Act. Weakening the rights of labor and at home and on the painful gropings of It was enacted by the Republican Eightieth taking away its strength to bargain col­ people elsewhere in the world toward Congress over the President's veto. It has lectively, as the Taft-Hartley Act does, the creation of a free society composed of failed. The number of disputes has in­ is the first step away from democracy, freemen and free institutions. creased. Recent decisions prove it was poorly and toward fascism, communism or any It is in that spirit, Mr. Chairman, that drawn and probably, in some provisions, un­ other brand of totalitarianism. If we I call upon the House to pass H. R. 2032 constitutional. are to continue leading the countries who without amendment. The platform of the Republican Party, look to us for guidance, we must not only Mr. CASE of South Dakota. Mr. Mr. Chairman, was also clear in its sup­ preach democracy, we must be a de­ Chairman, will the gentleman yield? port of the Taft-Hartley Act. It termed mocracy. And in a democracy, the Mr. LESINSKI. I do not yield. The it a "sensible reform" of the labor law. rights of labor must be respected. gentleman can get time on his own side. The candidates for President spoke The President of the United States The CHAIRMAN. The · gentleman even more plainly. The President openly took steps toward the fulfillment of our from Michigan [Mr. LESINSKI] has con­ and on numerous occasions voiced his pledges to democracy and the demo­ sumed 17 minutes. opposition to the Taft-Hartley law and cratic faith at the first opportunity. Mr. McCONNELL. Mr. Chairman, I his desire for sound, well-considered leg­ In his message to this body on the yield myself 33 minutes. islation covering labor-management­ state of the Union on January 5 of this Mr. Chairman, I listened with a great public relations. The Republican can­ year, he declared: deal of interest to the statement of my didate for President made it equally clear If we want to keep our economy running good friend and colleague, the gentle­ that he was standing by the Taft-Hartley in high gear, we must make sure that every man from Indiana [Mr. MADDEN], who up law. group has the incentive to make its full until this year was a member of the Com­ And on November 2, 1948, Mr. Chair­ contribution to the national welfare. At man, the people of the Nation gave their present the working men and womeµ of the mittee on Labor. The gentleman from great decision. After months of debate, Nation are unfairly discriminated against Indiana spoke of the procedure used in after more than a year's experience, after by a statute that abridges their rights, cur­ pushing the Taft-Hartley bill through tails their constructive efforts and hampers the committee. a public scrutiny of the law that was our system of free-collective bargaining. detailed and painstaking, the voters of I would like to draw a comparison be­ That statute is the Labor-Management Re­ tween the two periods we are discussing, the Nation expressed their opinion. lations Act of 1947, sometimes called the They put their approval on the can­ Taft-Hartley Act. the action of the committee in the didate and the party who stood for repeal That act should be repealed. Eightieth Congress on the Taft-Hartley of the Taft-Hartley law and for the en­ The Wagner Act should be reenacted. bill and the action of the committee in actment of sound legislation in this field. However, certain improvements, which I the' Eighty-first Congress on the Lesinski I want to call the attention of the recommended to the Congress 2 years ago, bill. House to the fact that by taking this are needed. Jurisdictional strikes and un­ The full committee in the Eightieth action the people of our country took justifiable secondary boycotts should be pro­ Congress, controlled by the Republicans, a great step forward, not only in hibited. The use of economic force to decide held hearings on labor-management issues arising out of the interpretation of problems for approximately 6 weeks. strengthening our own democracy here existing contracts should be prevented. at home but in strengthening beyond Without endangering our democratic free­ The full committee, I repeat, conducted measure the hands of those abroad who doms, means should be provided for settling the' hearings. Under the present proce­ preach the cause of democracy. or preventing strikes in vital industries dure of this labor committee, the Lesinski As the Members of the House know, which affect the public interest. bill hearings were held by a subcommit­ there are today in Europe growing num­ The Department of Labor should be re­ tee for approximately 10 days, sand­ bers of working men and women who re­ built and strengthened and those units wiched in between voting, and other properly belonging within that Department matters which took our attention. sist the encroachments and the blandish­ should be placed in it. ments of communism. To the lies and In the Eightieth Congress, at the end propaganda of the Communists and the The bill which our committee has of 6 weeks of hearings and the taking of opponents of democracy, they reply with placed before the House carries out those 2,000,000 words of testimony, the major- . facts and proof from the United States, recommendations. ity members of the committee proceeded the great stronghold of the democratic We have listened to days of testimony to write the bill. No department of Gov­ faith. and we have had the benefit of the even ernment and no special interest or out- 1949 CONG~ESSIONAL ·RECORD-HOUSE 5065 side organization had anything to do the first is the reference by the gentle­ discard in toto every last provision of an with the bill which was drawn up for man from Indiana [Mr. MADDEN] for act that passed this body less than 2 years this House in the Eightieth Congress by whom certainly I have the highest re­ ago, with a majority of the Members of the majority members of the labor com .. spect and admiration, that the so-called both parties voting in favor of it. That mittee. After we had finished with our injunctive processes of the Labor-MJ.n­ is what the majority of the Democratic deliberations, which took us approxi­ agement Relations Act of 1947 had never Members who reported the bill now be­ mately 10 days, the bill was brought be­ been effective against Mr. Lewis and the fore us recommend that we do, for that fore the full committee and it was coal strike. As I remember, it was that bill would scrap every single provision of read for amendment. Approximately 29 very process that was invoked, and it runs the Labor-Management Relations Act, amendments were adopted, as you will in mY'lllind that it was quite effective; at 1947. see if you will read the report back in least it resulted in the collection of a When the act was passed, no one con­ that period. fine. The President himself ordered the sidered it to be perfect, and no· one con­ Now, let us contrast the present situ­ Attorney General to obtain the injunc- sidered that defects would not develop ation. Many of us came back to this tion. . . from experience under it. The Repub­ Congress with the thought that we would ·Secondly, reference was made to the lican minority concedes that defects have have an opportunity to consider in de­ fact that no one knows what is in the developed and that such defects should tail and very carefully this critical and revised Wood bill. At this juncture let be corrected. Others will doubtless de­ important problem. It became obvious me say that some days ago I received velop in the future, for the Labor-Man­ to us shortly after. we began our hear­ from the chairman of the Committee on agement Relations Act is no different ings before the subcommittee that there Education and Labor the gentleman from other legislation in this regard. was no intention to have the bill changed from Michigan [Mr. LESINSKI] a care­ But the existence of some defects in the in any particular. As a result, when it fully worked out analysis of his bill present law is in our opinion no justifi­ was brought before the subcommittee, and the revised Wood bill. I have read cation whatever for discarding all of its and then before the full committee, there it and studied it with interest, and I provisions-regardless of their merit. It was no discussion. When the substitute commend it to the consideration of every has been the traditional practice of Con­ bill was offered by me, I did not even have Member. All Members undoubtedly also gress, and of all other legislative bodies, any opportunity to explain some of the have copies of the comparative analysis. when defects in existing legislation are provisions of that bill and some other As a matter of fact, I think it should be shown, to formulate specific amendments amendments which I wished . to offer. pointed out that the bill was introduced to correct them. Scarcely a year goes by After that, a vote was taken, the sub­ on April 14. but what the need of changes in some of stitute bill was defeated 13-11, and then Mr. CARROLL. Mr. Chairman, will the provisions in our revenue laws is not the Lesinski bill was voted out of the the gentleman yield? pressed convincingly on Congress. Yet committee with no intervening discus­ Mr. McCONNELL. I yield to the gen- it has never been proposed that because sion. The Republican Members went tleman from Colorado. · certain tax provisions can be shown to be before the Rules Committee and asked Mr. CARROLL. I think that the REC­ inequitable or defective we should repeal for an open rule, one which would per­ ORD ought clearly. to show that the coal . all of our tax laws. Yet this is the un­ mit amendment and allow the b111 to strike, if I remerpber it correctly, was a derlying premise of the bill now before us. be written on the floor of the House. dispute over the disposition of welfare In i947 when the unprecedented in­ There has been some question about funds. Three trustees were set up in dustrial chaos of a year and a half which the use of the name of the gentleman that particular union; one of the trustees had resulted from the partisan and one­ from Georgia [Mr. Woonl, on the bill. was in favor of the union's distribution sided administration of the Wagner Act As far as I know, it is a very honorable of the fund; the operators' trustee was and extreme judicial interpretation of name; I know nothing wrong with the not in favor of it, and the neutral trustee the Norris-LaGuardia Act clamored for name. It happened to be the only bill resigned. As a result of this dispute on the attention of the Eightieth Congress, to my knowledge that contained the vari­ the conflicting provisions of the contrStct those of us who served in that body did ous features of the present labor law there was a question as to whether or not begin our task by repealing those so that when it canie to the floor of the not there was an actual strike. When statutes. Instead we invited represen­ House it could be considered in an in­ John Lewis passed the message back to tatives of industry, labor, and the public telligent fashion as a substitute. Cer­ his people that the operators had violated to appear before our standing commit­ tainly there was no intention of getting the provisions of the contract they walked tees and give us their views as to· what rid of the names Taft and Hartley that off the job. should be done to remedy the situation. I knew of, but it just happened to be the It was then, as I recall it, that the The legislation we ultimately passed_:_ only bill before the committee conform­ gentleman from Indiana as he addressed the Labor-Management Relations Act­ ing to the general pattern of the Taft­ us from the well of the House said that was carefully drawn so as to save all the Hartley bill, as amended by recommen­ it was not the injunctive process but it sound features of the Wagner Act and dations of the joint House-Senate com­ was the present minority leader and a the Norris-LaGuardia Act, and so as to mittee which was set up by action of certain Senator who was instrumental in supplement those provisions with provi­ the Eightieth Congress. . getting a new trustee selected, which new sions giving recognition to the fact that This is a big piece of legislation we trustee sustained the position of the management, the public, and the indi­ have before us today. We must consider union. The welfare fund was then dis­ vidual worker also have a stake in any not only the administration bill, the bursed. So, actually, the injunctive proc­ sound Federal industrial relations policy·, Lesinski bill, but we also have to con­ ess had absolutely nothing to do with the In enacting that legislation we were care­ sider the Taft-Hartley and Wagner Acts, strike itself. ful to preserve the very language of the and the Wood bill. It becomes very It is true, however, that they fined the earlier enactments upon which the pro­ confusing, undoubtedly, to many people, union; it is true also that when the case tection of the right to organize, to bar­ so I have deliberately set up the pro- was carried to the district court of ap­ gain collectively, and to engage in con­ . gram on our side in such way that we can peals the court sustained the union. Of certed activities were embodied. develop the procedure that we believe course, the injunctive process was used The Labor-Management Relations Act will be correct; also, that we will be able as a punitive measure. was not the sole and exclusive invention to tell you the past history of other Mr. McCONNELL. Mr. Chairman, as I of the Eightieth Congress. Virtually all legislation, as well as what the Lesinski stated earlier, it is our intention to pre­ of its major provisions had a previous bill does and does not do, and what the sent various parts of this labor-manage­ legislative history. Such fundamental Wood bill will do. That will be develope'd ment problem. I intended to present here reforms in National Labor Relations during the course of out discussion in today as the lead-off speaker on the Re­ Board jurisdiction and procedure as the tlie next 2 days. publican side the general background establishment of unfair labor practices Mr. HALLECK. Mr. Chairman, will which preceded the labor-management for unions as well as management, the the gentleman yield? laws as we are now considering them. right of free speech, the separation of Mr. McCONNELL. I yield. Mr. Chairman, we are confronted prosecuting and judicial functions, and Mr. HALLECK.· There are a couple today with one of the most critical issues the application of the rules of evidence of other things that I believe it might be with which this Congress will deal. and judicial review to Labor Board find­ well to have cleared up at this juncture; That issue is whether we shall blindly ings, were embodied in a bill which 5066 CONGRESSIONAL RECORD-_HOUSE APRIL 26 passed the House overwhelmingly in the directed at specific provisions. They are since its passage. On the contrary, dur­ heavily Democratic ·Seventy-sixth Con­ rather arguments which might have ing the 2 years the law has been in effect gress. That bill was the result of the been made with respect to the industrial­ the number of organized· workers has only exhaustive investigation a commit­ relations picture a generation or so ago. steadily increased, the number of strikes tee of this Congress has ever made of ~hen we hear such phrases as "union has steadily decreased, and the wage the actual administration of the Wagner busting," "government by inSunctions," scales prevailing in collective-bargain­ Act. "slave labor," "sweatshops,'' and ''yel­ ing agreements are higher than at any In the ensuing Seventy-seventh Con­ low-dog contracts," a person unfamiliar point in our history. gress, also heavily Democratic, the House with our present laws would think that What the-bill before us would have you by a big majority passed another bill we are legislating today against the back­ do would be to blindfold your eyes to the which also contained a number of pro­ ground of the early 1920's. A person un­ situation that exists today and return to · visions which the Taft-Hartley Act ul­ familiar with our present laws would the one-sided laws that were enacted to timately enacted into law, including pro­ infer that statutes for the protection of deal with an entirely different situation. visions enabling .the Government to ob­ the workingman that have been enacted I do not use the words "one-sided" in tain temporary injunctions in strikes during the last 20 years-such as the any critical sense, nor do I for a moment - endangering the national safety. In the Norris-LaGuardia Act, the National suggest that the National Labor Rela­ - rapid developments of the war which Labor Relations Act, the Fair Labor tions Act and the Norris-LaGuardia Act · followed, this measure, a forerunner in - Standards Act, the Wal:sh-Healey Act, did not meet a need for genuine reform . many respects of the Labor-Manage- and the Antistrikebreaker Act-had ~ at the time that they· were passed. In ment Relations Act of 1947, was not acted never been written-or, if they had,-that those years more_.than 10,000,000 persons upon by the other body. the Eightieth Congress had erased them in our working force were _unemployed. The Seventy-eighth Congress-also all from the statute books. Labor organizations had shrunk in mem­ Democratic-dealt with labor problems I believe that there are few, if -any, bership t© less than 2,000,000 and hence by enacting the Wage Stabilization Act Members of this body who would not were relatively weak and ineffective in and the Smith-Connally Act. such mea­ agree that prior to -the enactment of protecting the standards and conditions sures, of course, with wage fixing and those laws workers who wished to or­ -of employment of wage earners. But plant seizures, were justified only against ganize and barg-ain collectively were in when the larger part of our factories, the background of wartime conditions. many, many cases prevented from doing mines, and transportation facilities were The expiration of these wartime meas­ so and unfairly treated. I believe there organized by large and powerful labor ures brought forcibly home the griev­ are few, if any, Members of this body unions, the shortcomings in these stat­ ous results to the public of the long­ who would not agree that organized utes to- deal with the changed picture standing failure of Congress to remedy labor in the past had a long and slow soon became apparent. the inadequacies of the Norris-LaGuar- , uphill battle to secure recognition -in law The bill that we have before us would dia and Wagner Acts. Large and pow­ of the right of workers to organize and return to all these shortcomings, and erful international unions speaking for engage in concerted activities for the this is not because the laws to which and controlling all of the workers purposes of mutual protection. But that the bill would return were bad at the throughout entire industries were able right received the protection of law over time they were · enacted. It is rather to paralyze our economy. In the 5-month 15 years ago, is still incorporated in the because we are today facing an entirely period which followed the end of the law today, and was not disturbed by the different factual situation than that war, reconversion was set back by the Labor-Management Relations Act. which existed in 1932 and 1935. But loss of approximately 38,000,000 man­ In the early ·days of this century the the bill would do even more than merely days of labor through strikes. This to­ concerted activities of labor organiza­ return to the one-sided Wagner Act. It tal was tripled in 1946 when 116,000,000 tions were held to be subject to the anti­ would go -far beyond this. For example, man-days were lost and the number of trust laws, with the result that workers some 21 States have restrictions of one strikes reached the unprecedented fig­ engaged in concerted activities at their sort or another upon compulsory union­ ure of 4,985. p~ril. Congress attempted to remedy membership agreements. An even larger In an attempt to cope with these prob­ this in the enactment of the Clayton Act number of States have restrictions on lems the Seventy-ninth Congress, also in 1914, but the interpretation put upon the check-off. These State laws were strongly Democratic, attempted to curb this act by the courts did not improve never interfered with in any way by the some of the more flagrant labor abuses the situation. During the 1920's, as a Wagner Act, and yet the bill we have by enacting the Case bill. result of the emergence of the yellow­ before would erase all of these from State This measure contained provisions dog contract and the continued applica­ statute books and State constitutions. dealing with the compulsory organiza­ tion of the antitrust laws, the doctrine It is claimed by the proponents of the tion of supervisory personnel, contained that injunctions were an appropriate bill that the bill is really two-sided, since effective curbs against jurisdictional remedy to prevent workers from engag­ it provides for certain unfair labor prac­ strikes and secondary boycotts, confer­ ing in concerted activities came into full tices by labor unions. Let us examine red jurisdiction upon the Federal dis­ flower. That situation was corrected by this claim for a moment. Labor unions, trict courts in suits for breach of collec­ the enactment of the Norris-LaGuardia like· corporations, can act only through tive-bargaining agreements, established Act in 1932-and every essential feature agents. When a person purporting to an independent mediation service, treat­ of that ad is still in effect today. act for a labor union does something ed certain unjustifiable union practices None of us here looks with pride upon that is unlawful, the question inevitably of a monopoly character as violations of the treatment of organized labor a gen­ arises as to whether his act is the act of the antitrust laws, and placed restric­ eration ago. But that is not the situa­ the labor union so as to make the labof tions on the unregulated control and ex­ tion today, and it is not that situation union liable. Under the bill we have penditure by unions of welfare funds ex­ that we are here legislating about. before us it will, in practical effect, be acted from employers. All of the acts that I have referred to impossible to ever hold a labor union As a result of the veto of this bill by that have been enacted in the last 20 liable for an unfair labor practice be­ the President, the Eightieth Congress years for the protection of workers are cause the bill makes the ordinary laws was forced to consider anew the prob­ still intact in all of their essential provi­ of agency inapplicable to labor unions. lem of dealing with all these abuses as sions, and not even the most violent Instead it would require in effect that well as with the defects in Labor Board opponent of the Labor-Management the union pass a formal resolution spe­ procedure and practice w1iich would Relations Act, 1947, can deny this. cifically authorizing its officials to engage have been remedied years before had the When the bill reported by the com­ in illegal activities before a union could other body concurred with the action of mittee was the subject of hearings before be held liable for committing one of the the House in the Seventy-sixth and Sev­ our subcommittee, not one witness was proposed new unfair labor practices. enty-seventh Congresses. able· to point to a single case of a union What the bill proposes to do, however, So the Labor-Management Relations being smashed or of a sweatshop or yel­ is not nearly so significant as what it Act was truly the culmination of an low-dog contract being sanctified by the proposes to omit from the present law. evolutionary process. I have listened to Taft-Hartley Act. Not a scintilla of evi­ First. All of the provisions of the pres­ and read all sorts of arguments against dence has been produced to show that ent law which give to the Government it. Very few of those arguments are any American worker has been enslaved the power to protect itself against the 1949 CONGRESSIONAL RECORD-HOUSE 5061 effects of strikes and lock-outs which the majority report on the bill from be­ and rugged individualism ran roughshod imperil the national health. and safety ginning to end without finding a single over human rights to the detriment of would be discarded and the United States , word to justify what the bill does in this our public welfare. left helpless when situations like this regard. It is the position of the Republi­ At the close of World ·war II we again arise. can minority that the House should have see big business, aided and abetted by Second. All of the provisions of the an opportunity to consider all of these the Republican Party, engaged in an­ present law which protect workers from provisions, decide whether it is desirable other drive to make material things, not mass picketing and other . organized to retain them as part of our law, and human welfare, the theme song of the union violence would be discarded. make only such changes in existing law postwar era. The first Republican-con­ Third. All of the reforms made to as the facts justify. trolled Congress in 15 years-the Eighti­ protect indlridual workers against arbi­ Mr. Chairman, I want to call your at­ eth Congress-gave you the so-called trary union action by unions having tention to the editorial in today's Wash­ Labor Relations Act of 1947-the Taft­ compulsory union-membership agree­ ington Post, dealing extensively with the Hartley Act-and in so doing they turned ments with employers would be scrapped. important legislation we have before us back the clock of labor-management re­ Fourth. The bill would discard all of today, which says, in part: lations a quarter of a century to the post­ th.e provisions of the present law which We suspect that a large majority of the World War I era, when government by make boycotts having no purpose other Members of the House know in their hearts injunction was legal. than monopoly unlawful. that the enactment of this measure without For what do these Republican gentle­ . Fifth. The provisions of existing law extensive amendment would be a colossal men propose to punish labor? For win­ protecting the political freedom of indi­ b,lunder. · ning the war, on the battle front and vidual workers would be scrapped, an.d - The CHAIRMAN. The time of the the industrial front? For establishing the workers, throug-h the combination of gentleman from Pennsylvania has ex­ an all-time record of production? For compulsory union membership and the pired. making America the arsenal of democ­ check-off of union assessments without - Mr. KELLEY. Mr. Chairman, I yield :racy? During 4 years of global warfare, the workers' consent, would be compelled 30 minutes to the gentleman from West with all its hardships and heartbreaks to support candidates and doctrines with Virginia [Mr. BAILEY]. on the home front, and while the hus­ which they do not agree. Mr. BAILEY. Mr. Chairman, this is, bands and sons of the workers were fight­ Sixth. The bill would omit the provi­ indeed, an auspicious occasion. As the ing, less than one-half of 1 percent of sions of existing law which protect the Congress begins debate on the pending all available working time was lost by right of -free speech in labor contro­ Labor Relations Act of 1949; the event reason of strikes. Had industry kept versies. should be marked as a red-letter day on its high-sounding no-war-profiteering Seventh. It would omit all the provi­ the calendar of every American who loves pledge as well as labor kept its no-strike sions of existing law which give to em­ freedom, cherishes justice, and who has pledge, our national debt today would not ployees a method of getting rid of a a sincere regard for the constitutional be so high. union which has lost the employees' ma_. guaranties of a free people. I see before me men, Members of this jority support. Mr. Chairman, economic slavery is body, grown old and gray in the labor Eighth. The provisions of existing law just as distasteful to a free people as movement, who remember the infamous imposing on unions a mutual duty to physical servitude. I say to you, my col­ Hinchman Coal Co. and the Eagle Glass bargain collectively would be omitted. leagues, that our beloved America cannot Co. cases that originated in the United Ninth. The provisions of existing law long endure half free and half slave. States district court in West Virginia, in which make unions subject to suit like This was so in the days of Lincoln. It the period of the First World War. all other persons for·violation of contract is particularly true in our present highly These cases set the pattern for a national would be discarded; and, moreover, the industrial state. policy that soon became a stench in the bill would even discard the provision of There is no room in these United States nostrils of liberty-loving Americans. existing law which exempts the property for a second-class citizenship such as is My native State of West Virginia of individual union members from execu­ set up under the Taft-Hartley Act. emerged from the crucible of the Civil tion to satisfy a judgment against the There must be reborn in these sacred War with the motto Montani Semper union. halls the faith of our fathers-a faith and Liberi, which means Mountaineers Al­ . Tenth. The provisions of existing law a determination that there is and shall ways Free. Despite this love for liberty which recognize the line between labor continue to be in our Republic equal and freedom, our State during the 1920's and management, and which exempt su­ justice under law. saw constitutional government sub­ pervisory personnel from domination by Big business as we know it, eager to merged to the will of the courts. So labor unions controlled in fact or in exploit, demands that the welfare of our flagrant were the abuses by the mine practice by the very personnel which the Nation makes necessary the continuation -guards and the Baldwin-Phelps detec­ supervisor has been hired to direct would of our system of free enterprise. With tives, operating under cover of manda­ be scrapped. this idea, labor is in full accord. In re .. tory injunctions, that rioting and vio­ Eleventh. The provisions of existing turn labor asks only that it be permitted lence broke out, which finally led to an law which enabled the Atomic Energy to organize, and that it be accorded full armed march of thousands of working­ Commission to protect atomic secrets right to free collective bargaining in the men in protest to these abuses and in from Communist labor officials would be sale of its services. To this big business, protest to the contravening of their con­ completely done away with. As a matter in its desire to amass huge profits, re­ stitutional guaranties. of fact, this bill actually encourages the plied through the Taft-Hartley Act of Men demanding only simple justice infiltration of Communists and their 1947 that labor must be restricted, both were charged with treason. Instead of leaders into unions and opens the door politically and economically. a trial before a jury of their peers, they to complete Communist domination of · What, may I ask, has happened to that were held in contempt of a mandatory unions. It sanctions the use of closed­ era of good feeling and mutual confi­ injunction of the United States court; shop for Communist objectives and com­ dence and respect that existed during and instead of a trial at the scene of pels employers engaged in the highly the last war, when business was prone the alleged crime, they were dragged secret operations of the Atomic Energy to say collective bargaining was neces­ hundreds of miles away to a distant part Commission to bargain and deal with sary to the continuance of this same of our State and tried in the same court­ Communist-dominated unions. There­ free-enterprise system. If teamwork room in which they tried John Brown fore, I most earnestly appeal to you, my was necessary to win the shooting war, for treason_in the Civil War days. Many colleagues, to consider the danger to our why is it not equally necessary to win of them went to prison following their national security that could result from this cold war that now engulfs us. conviction by a three-judge United the enactment of this labor legislation. They say history repeats itself. I Staten district court. Twelfth. All of the procedural reforms agree fully. At the close of- the First I say to you, my colleagues, that there in Labor Board practice would be thrown World War big business succeeded in ts in the present Taft-Hartley labor into the discard. -breaking most labor unions and this one­ law and the proposed Wood bill the All of these provisions of existing law sided policy led us to economic disaster in foundation for a recurrence of this dis­ would be omitted by the bill reported by 1929, when our free-enterprise system graceful episode. God for bid that 111Y the Labor Committee, and you can read was without counterchecks and balances, native State, or any other State within 5068 CONGRESSIONAL Ki£UORD-HOUSE APRIL 26 this Union, shall once again be pros­ Taft-Hartley Act injunctions.has a de­ really gets service under this provision. trated at the feet of those whose motto cided advantage for employers, not the Such a complaint is given priority over is the "almighty dollar." least of which is that the costs and all other complaints and if, after inves­ Where, may I again ask, is that unity, inconveniences of litigation are borne by tigation, the Board's agent has reason­ that singleness of purpose that carried the Government. able cause to believe that a complaint our Nation to victory in the worid's most The history of the use of injunctions, should be issued, he must-it is manda­ gigantic struggle. What about those Mr. Chairman, shows that the interven­ tory-petition a Federal court for an promises made under patriotic compul­ tion of the Government made the injunc­ injunction. sion, that we would never forget those tion an even more oppressive weapon. Furthermore, Mr. Chairman, in such who fought so gallantly on the field of It was the Government that accelerated cases a different test of coverage of the battle and those who labored so dili­ the use of injunctions in labor disputes act is applied than in anytother case. gently in our mines, in our mills, and in by showing the way in the Debs case. In a recent case the Board declined jur­ our factories, to make possible that great Injunctions had been secured prior to isdiction over a plastering contractor victory. . the Deb! case, but after that case the who had been charged with an unfair Two years after the cease-fire order trickle of injunctions became a ft.ood. I labor practice on the ground that his ac­ ended the greatest of all wars we see do not think I would be wrong in saying tivities were essentially local and had those, who shed crocodile tears over the that it was Government use of the in­ only a remote and unsubstantial effect on need for national unity in wartime, en­ junction, more than employer use, that interstate commerce. The Chairman gaged in an all-out economic war to led to the passage of the Norris­ of the Board stated, however, that the hamper and even destroy organized la­ LaGuardia Act. Board would not have a similar discre­ bor. Why, I ask, would a sane America Then there is the injunction author­ tion to decline jurisdiction if the same want to weaken our first line of defense ized in section 10 (j), which permits the case had involved a secondary boycott against Communist ideology? Why Board to seek injunctive relief in the by a union. The effect of this is well would we want to destroy that very seg­ case of any unfair labor practice imme­ stated by another member of the Board ment of our population on which our diately upon the issuance of a complaint who disagreed with the Chairman. He Nation must depend in the event of a and prior to the adjudication of the stated: third world war, that now appears in­ case by the Board. While this type of If the employer commits an unfair labor evitable? Taft-Hartley injunction is available practice, the employees are left without re­ After years of struggle to be freed from against both employers and unions, the dress; whereas if the union violates section the constant threat of the Federal in­ score thus far is 6 tO 2 in favor of 8 (b) (4) (A) the employer is afforded junction, labor appeared to have reached the employers. plenary relief. the promised land through the enact­ The use of this injunction, Mr. Chair­ I am sure the Chairman of the Board ment of the Norris-LaGuardia Act in man, is discretionary with the general reached his conclusion reluctantly. He 1932. This act was hailed by a labor counsel and he saw fit to announce that had no choice, however, under the pro­ spokesman "as a protective shield against he considered it a very sacred trust to visions of the Taft-Hartley Act. invasion of ·rights that always belonged be used sparingly and only "where either These mandatory 10 (1) injunctions, to labor." In 1947, however, the pro­ a large segment of the public welfare is Mr. Chairman, can be secured only in tective shield was badly craclted by the endangered or where life and property the case of union unfair labor practices. injunctive provisfons of the Taft-Hartley are seriously and in reality threatened, In answer to criticisms of the one-sided Act. or where there is a principle involved nature of this provision, our opponents The Taft-Hartley Act, Mr. Chairman, that will result in substantial and wide­ have tried to justify this one-sidedness has revived the use of the Federal in­ spread irreparable damage or illjury of by arguing that U1is injunction is di­ junction in labor disputes and has re­ more than a merely private nature." rected at union practices Which threaten inforced it by directives for its immedi­ Now let us look at the pressing issues the very· existence of a business. What ate use by public officers against unions. which warranted resort to the use of are some of these horrible practices, Mr. The Thomas-Lesinski bill contains no this sacred trust in some of the cases Chairman? In one case it was the distri­ provision requiring or authorizing the against unions. One case involved the bution of an "unfair list'' and peaceful use of the injunction. The Taft-Hartley retail meat departments of 11 A & P picketing by one picket. In another case Act, however, had made such inroads stores out of a total of the 5,000 stores union members refused to work along­ upon the Norris-LaGua.rdia Act that in in the national chain. In the ITU case side of nonunion workers installing ft.oar drafting the Thomas-Lesinski bill it was it was alleged that "there would be pa­ coverings, the nonunion men being em­ considered necessary to restore the ralysis in the newspaper industry" al­ ployees of the supplier of the ft.oar cov­ Norris-LaGuardia Act to its original though newspapers printed by substitute erings, a retailer of housing material. status. methods have continued to reach read­ These are typical of the threats to the The proponents of the Taft-Hartley ers in the Chicago area despite a strike existence of businesses which the Board Act have attempted to justify its injunc­ that has been in progress for over a year. has been required to enjoin under the tive provisions on the grounds that in­ In another case, the Conway Express Taft-Hartley Act. junctions can be sought only bY the Gov­ case, there were involved the operators These injunctions, Mr. Chairman, are ernment; that they are not made availa­ of an independent freight carrier doing issued after a summary proceeding ble to private employers. Well, Mr. a small volume of interstate work, and a which is in no sense a determination Chairman, in the first place, that is not companion case arose out of a temporary of the merits of the case. The summary entirely true. Section 302 of the act, cessation of deliveries at the shipping nature of injunction proceedings is par­ relating to welfare funds and the check­ dock of one store outlet of the large ticularly objectionable when you realize off, provides for the use of injunctions to Montgomery Ward chain. Where was that the effect of an injunction in a restrain violations of the section and the danger to a large segment of the labor dispute is not to maintain the such injunctions are not restricted to public welfare, the serious threat to status quo, but to upset it by stopping the Government. life and property, the substantial and the picketing, boycott, or strike and re­ But what difference does it make, Mr. widespread irreparable damage or in­ turning the situation to where it was Chairman, that only the Government jury of more than a merely private na­ prior to the action in question. In other can seek these modern, streamlined Taft­ ture in these cases? Let us not place words, Mr. Chairman, although these Hartley injunctions? Should that fact any more sacred trusts in an adminis­ injunctions are supposed to be tempor.. make them more palatable to the labor trative agency which can lead to such an ary relief pending the adjudication of organizations which are restrained from indiscriminate use of such a powerful the case by the Board, they really eff ec­ striking, picketing, and other activities weapon as the injunction. tively and finally determine the outcome for legitimate objectives? Does the fact The third type of Taft-Hartley in­ of the dispute. that the Government secures these in­ junction, Mr. Chairman, is provided in The effect of these injunctions, Mr. junctions make them any less effective section 10 (1). This section requires the Chairman, is to deprive unions of these in hampering workers in their exercise of Board to seek injunctive relief against economic weapons, because their eff ec­ basic rights? Obviously not. Indeed, unions in the case of secondary boycotts tiveness depends upon their use at the tJ;1e fact that the Government seeks these and related matters. The employer strategic moment. The lapse of time 1949 CONGRESSIONAL RECORD-HOUSE 5069 between the issuance of the injunction Thirty-nine petitions for injunctions ment law should be its effectiveness in and the final adjudication ·by the Board against unions in a period of 18 months. promoting collective bargaining and of the merits of the case does the union When you consider the far-reaching ef­ peaceful industrial relations. The sanc.. irreparable damage. If the Board later fect of the injunction upon the relation­ tions of the injunction, with its over­ finds that no unfair practice has been ships of the parties to a dispute, you must tone of compulsion, will never create committed by the union, there is no pos­ agree that this is a high number in a harmonious relationships between man­ sible way to undo the damage done to perfod of generally favorable economic agement and labor. the union by the injunction. The pas­ conditions. Compare this number to 83 There is no justification for arbitrary sage of time is a very effective weapon cases brought under the Sherman Act legal prohibitions or compulsions in of advantage to the employer. during the period of 1890 to 1930-83 in­ labor-mangement disputes, no matter Some supporters of the Taft-Hartley junctions in 40 years against 39 injunc­ how pressing the need for such steps Act are willing to retreat to the extent tions in 18 months. The charge of gov­ might appear to be in the heat of the that they will remove the mandatory­ ernment by injunction is well-founded. moment. The distinction between injunction provision and leave only the The fourth Taft-Hartley injunction is strikes that affect the public health and permissive injunction. The new Wood that provided in section 208, which au­ safety and strikes that do not is an ex­ bill makes two major changes in the thorizes the President to direct the At­ tremely questionable one, and it is easy injunction provisions of the Taft-Hart­ torney General to petition for injunctive to confuse mere inconvenience with ley Act. Both are more objectionable to relief against work stoppages of a na­ emergency. It is safe to say that we labor than the Taft-Hartley bill itself. tional emergency character. Authorities have never had a strike in this country . It removes the provision making it in the field of labor relations have testi­ that created a genuine national emer­ mandatory for the general counsel to fied that an injunction in most cases gency involving a clear and present dan­ secure an injunction against an unfair serves to aggravate a dispute and to delay ger, as distinguished from temporary labor practice as defined in sections 8 its settlement. Of course that criticism inconvenience. No such emergencies (b) (4) (A), (B), and (C)-secondary is directed to the effectiveness of injunc­ occurred during the years when the boycotts-the bill would grant new and tions. The most ardent supporters of Norris-LaGuardia Act was in full force broad injunction power to the general the Taft-Hartley legislation must agree and they will not occur when that act is counsel. In section 10 (j) of the Wood that in the period of slightly less than restored to full force. Workers and their bill, it is provided "whenever it is 2 years in which the law has been operat­ leaders are no more unpatriotic and no charged that any person has engaged ing, it has never settled a single labor more immune from the force of public in an unfair labor practice under this dispute through injunctive procedure. opinion than any other groups in our act, the general counsel may petition In all the instances where the injunction society. any district court of the United States was resorted to, the strike was finally Only a police state can abolish strikes. for appropriate injunctive relief pending settled around a bargaining table. One No country which values free labor can the final adjudication of the Board with .instance was the bituminous coal strike abolish strikes in any industry, however respect to such matter." This means of 1948 where the final settlement on a affected with the public interest, so long that the general counsel may secure an contract was reached 12 days after the as the employers are private persons or injunction as soon as a charge is filed expiration of the 80-day period provided corporations. The ambiguous and yet with a regional office and before any for in the injunction procedures. undefinited terms "national emergency" complaint has been issued in that case. Once more the Wood bill goes a step and "public health and safety" have been Section 10 (j) also permits the court further than the existing Taft-Hartley used to cloak a multitude of sins-it to grant a temporary restraining order, Act in that the procedure for dealing should be recalled that Hitler used them an ex parte proceeding-to be effective with national emergency strikes is so to seize and secure his total power over for not more than 5 days-without any changed so that the President must get the lives of the people of Germany. . noti'ce or hearing to the party against an injunction before he can use the pro­ Surely a law which justifies and makes whom the injunction is issued. Here we cedure of appointing a board o~ inquiry possible suppression of the basic free­ have an example of a real labor czar with to determine the facts in the case. In doms by the Government on these vague unlimited powers. I object, and I am effect, this provision means that the grounds creates a greater inherent threat sure other Members of the Congress ob­ President may not attempt to use the to the public welfare than the contin­ Ject, to placing such legal authority in board-of-inquiry method for settling the gencies at which it is aimed. The enact- · the hands of an executive officer. dispute until he has secured an injunc­ ment of a law that impairs the rights of I want no part of the injunctive provi­ tion to force the workers to continue at. one group today establishes a precedent sions, permissive or mandatory. I am their jobs or to return to them. for the impairment of those of other basically opposed to any legislative Here you have a grave constitutional groups tomorrow. · enactment that contravenes a citizen's question in which you deny the ·worker It is revealing that those who have constitutional guarantees to the right of the right to strike. This new move of been the most insistent in their use of ·free speech; free press, and the right to the coalition against labor is aimed solely the catch-all phrase "public health and a trial by a jury of his peers. at weakening the President's position in welfare" to justify the suppression of Injunctions are inherently one-sided settling strikes affecting the national free collective bargaining in wide sectors since they are much more effective welfare. It kills the 30-day cooling-off of industry are the same ones who oppose against unions than employers. The ef­ period provided in the Lesinski bill and most strenuously Governm.ent activities fectiveness of ~he economic weapons of if. adopted, would kill the 80-day inhibi· designed to further the public health and unions depends upon their use at the tion against strikes contained in the welfare in limited fields where a genuine strategic moment and I do not want any present Taft-Hartley Act. need is most apparent and readily defin­ general counsel tipping the scales in I am convinced, Mr. Chairman, that able, such as housing, social security, favor of employers by exercising his dis­ regardless of their effectiveness, the use and health insurance. Their pet peeve cretion to seek an injunction. The his­ of injunctions in these situations is is summed up in the phrase "creeping tory of labor legislation, excluding of fundamentally bad. They increase the socialism." They are really the mouth­ course the Taft-Hartley Act, is the his­ resentment of workers who are compelled piece for the United States Chamber of tory of efforts to free labor from the pres­ to work for private employers with no Commerce and the National Association sure of poorly informed and sometimes comparable burden put upon the em­ of Manufacturers. hostile courts. ployer and encourage employers to re­ Where this injunction procedure has The supporters of the Taft-Hartley fuse to bargain, knowing that they will been used, it has definitely hindered the Act have ridiculed the charge that there · have the labor of their employees for at ·ironing out of grievances and that volun­ has been a revival of government by in­ least 80 days on their own terms. In tary mutual agreement between the par­ junction and have pointed to what they effect, Mr. Chairman, this injunctive ties directly eoncerned that is the es­ describe as the limited use of Taft-Hart­ provision presents to employers a gift of sence of collective bargaining and the ley injunctions. As of January 31, 1949, the forced labor of ·their employees for only sound basis for lasting industrial Mr. Chairman, 41 injunctions had been a period of 80 days. The injunctive pro­ peace and stability. Strikes-are not the sought under sections 10 (j) and (1) of visions of the Taft-Hartley Act have been causes of industrial unrest but the effects the Taft-Hartley Act, all but two of aptly described as hateful and unneces­ of more ·basic underlying grievances. which have been directed ag_ainst unions. sary. The sole test of a labor-manage .. The arbitrary suppression of effective 5070 CONGRESSIONAL RECORD-HOUSE APRIL 26 protests against those grievances only Relations Board, in the general council, body can argue in reason that when serves to aggravate them further and in conciliation, and in the courts. There 400,000 men in an entire industry cover­ build up pressures that would be bound is no excuse now for labor not to sub­ ing a wliole nation and the source of to eventually culminate in an outburst mit to law and regular proceedings like supply of the whole nation quit on the that all the laws on the books could not any other individual or group must sub­ tick of a watch in concert that that is control. mit to law. Certainly, labor cannot be merely the exercise of the right to quit Speaking facetiously, Mr. Chairman, the one exception to the law, the one work in the ordinarily accepted term. may I make the point that all that fabor group that is free to take the law into That is instead a: conspiracy against the wants out of the Eighty-first Congress is its own hands. It cannot be allowed to public. It is a use of force, a taking its "two front teeth" which were kicked decide what is right by mere men com­ into their own hands the exercise of in by the Taft-Hartley law. pelling other men to do right or to cease rights over the property of others and More seriously, Mr. Chairman, labor from doing wrong through the compul­ over the rights of individuals to work does not plead for charity. It demands sions of an individual or a group of in­ or not to work, all of which is accom- · equal justice under law. The right to dividuals without regard to the law or panied generally by violence or threats of free collective bargaining. The right to the courts. Under that exemption from violence. Those 400,000 men are not be a part of this great America of ours law, the Wagner Act was a specific in­ exercising the right to work or not to on an equal footing with all other seg­ vitation to one group alone in our so­ work as individuals. Their rights are ments of our society. To grant their plea ciety to do as it pleased. Jt -was invited subjected to the whim and will of an­ the Congress must repeal the Taft-Hart­ to settle its own affairs according to other mere man who alone gives the strikes, picketing, and compulsion. nod restoring those individual rights and ley Act and reject the vicious provisions the rights of property and the health of the proposed Wood bill as a substi­ In 1946 we experienced the evils of the railroad strike. That was so bad, and safety of the public. He alone tute for the pending legislation. grants or denies industrial peace. I trust it will be the privilege and the prior to the Taft-Hartley hearings, that the President himself introduced a bill The Taft-Hartley law covered, there­ pleasure of the House to grant labor's fore, a conspiracy, a lawless act · and plea. in this House to draft the railroad em­ ployees into the Arrriy in order by that violence that protected rather than vio­ The CHAIRMAN. The time of the method to compel the settlement of the lated constitutional rights. gentleman from West Virginia [Mr. railroad strike. Then we got into the The best test ·to find out whether it BAILEY] has again expired. coal strike with no law covering the sit­ works honestly and fairly and by or­ Mr. McCONNELL. Mr. Chairman, I uation. At a nod or a wink, which the derly procedure is to review very briefly yield 20 minutes to the gentleman from court described, 400,000 men quit in­ the national emergencies and threatened New York [Mr. GWINN]. stantly iri an industry Nation-wide, by strikes since the Taft-Hartley Act. Mr. GWINN. Mr. Chairman, accord­ concert of action in the digging and We start with the injunction secured ing to the schedule which the minority transporting of coal in the wintertime. in the atomic-energy case. There the side has worked out under the gentleman That had been a regular annual occur­ court found, and the affidavits so stated, from Pennsylvania [Mr. McCONNELL], I rence for years; something dreaded by that the experimentations going on at am going to treat the subject of strikes the whole Nation. There was no ade­ that time, which was March 5, 1948, in in national emergencies. quate law or procedure to deal with the the most critical laboratory of all, having It should be perfectly apparent that problem. Squads of rough, tough guys to ·do with one of the two known mate­ we must have industrial order and in­ would ride roughshod through a town rials that have to do with the making dustrial law just as we have civil law. to warn the people to obey the arbitrary of atomic energy and having to do with Without industrial law and procedure will of a single boss, affecting the prop­ the carrying on of the national defense, we will have anarchy, licensed and legal­ erty rights of owners, the right to work was selected by a group of labor unions ized, just as we might have lynching, of individuals, and ignoring completely for a strike. On the basis of maintain­ without civil law. the public health and safety. ing the continuity of that delicate oper­ . Our trouble with regard to strikes and You all remember that. Then came ation and of our national security, the injunctions, which the gentleman from a series of other acts of violence. Whole court granted an injunction. After the West Virginia [Mr. BAILEY] dwelt upon, States were paralyzed by strikes. Half appointment of a fact-finding board and probably would have been settled under of the State of Pennsylvania was in the after conciliation services were brought the common law, and gradually worked grip of a beer war carried on by wide­ to bear under the act, the strike was out in the absence of special legislation. spread violence of the transport union. settled. When strikes, under the common law, The provision in the Taft-Hartley Act In the same month, on March 16, a became concerted action, conspiracy, known as the National Emergency Pro­ meat-packers strike was threatened and and a fraud against the individual as another national emergency was cre­ well as the public, the courts dealt with vision, section 206, was enacted as a re­ ated. The President immediately de­ such lawlessness. We got into difficul­ sult. May I read it to you: clared a national emergency affecting ties. Conditions were rough in rela­ SEC. 206. Whenever in the opinion of the the health of the people and the Attor­ tions between management and labor. President of the United States a threatened ney General secured an injunction. In or actual strike or lock-out affecting an entire Strangely enough, most of the evils of industry or a substantial part thereof en­ that case, and after orderly procedures, strikes and injunctions that the gentle­ gaged in trade, commerce, transportation, the meat-packers strike was settled. man from West Virginia [Mr. BAILEY] transmission, or communication among the There was no disorder.i; there was no described were a quarter of a century several States or with foreign nations or violence to speak of, there was no en­ ago. We had not worked out our civil engaged in the production of goods for com­ dangering of the public health, there rights in labor relations. · I, for one, merce will, if permitted to occur or to con­ was no violation of property rights. would be in favor of repealing the Taft­ tinue, imperil the national health or safe­ And so we went into the second threat­ ty, he may direct the Attorney General to ened coal strike, into the communica­ Hartley Act if at the same time we should petition any district court of the United repeal the Wagner Act, and go back to States having jurisdiction of the parties to tions strike, into the maritime strike the free society, rough and tough as it enjoin such strike or lock-out or the con­ in June 1948, and finally again into the might be. We should be able to worl{ it tinuing thereof; and if the court finds such coal strike of June 1948. out under the common law. But we quit threatened or actual strike or lock-out . I have copies of the documents here . that possibility with the Norris-LaGuar­ before me. They are perfect represen­ dia Act. At that time we began to ex- Flrst, affects an entire industry or a ·tations of what legal procedure does in . _empt labor unions entirely from the law. substantial part thereof engaged in order to bring about orderly settlements. We made them anarchists on their own trade, or if permitted to occur or to The final order in the atomic-energy account. They could strike and picket continue will imperil the national health case illustrates fairly well what has hap­ and commit violence; after that there or safety, the Attorney General shall pened under this provision of the land. was no satisfactory legal procedure by bave jurisdiction to enjoin any such Here is a part of the order of the court: which order could be restored. strike, or lock-out, or the continuing And, upon the oral hearing of the appli­ Now we have a system of law that has thereof for a period of 80 days. cation of the United States ·of America for been developing over the past .15 years, This does not in any case refer t::> the ·such temporary restraining order, counsel a system of procedures in the Labor right of the individual to quit work. No~ for all defendants- 1949 CON_GRESSIONAL RECORD-HOUSE 5071 . That is, all of the unions; there were Mr. DOYLE. But the gentleman has the principle of free collective bargain­ something like 20 of them- not stated that yet. ing. At any rate he has done his dead havin g agreed and stipulated in open court Mr. GWINN. I have not gotten level best to keep the Taft-Hartley law that furt her hearings are unnecessary and through stating the ftrst one yet. I have on the books ever since hearings started are waived and that, in lieu of the entry of• here my notes, which I interrupted to before the Committee on Education and such temporary restraining order and a answer the question. Labor. He has referred many times dur­ furt her hearing on plaintiff's application ing the debate to the necessity of the in­ for a preliminary injunction and for furthE>r Mr. DOYLE. I beg the gentleman's relief, a final injunction as contemplated pardon, but he should state that fact. junction and has referred to coal strikes. by sections 208-210 of the Labor Managehvmt Mr. GWINN. I understand that, and Since the enactment of the Taft-Hart­ Relations Act, 1947 m ay be entli!red against I intend to cover the whole thing. ley law we have only had two work stop­ all defendants in this action on the basis of The proclamation itself has no more pages in the coal industry. The first was the showing made at the application for power in it than what I have said. The in 1947, when there was a memorial peri­ the temporary restraining order. President also has the power to appoint od commemorating the Centralia mine In other words, the whole business had a board to study the situation for 25 days disaster which killed 111 coal workers in been satisfactorily settled out of court. if he declares there is an emergency in Illinois. There were no walk-outs in pro­ The 80-day cooling-off period had national health and safety, but what is test against the passage of the Taft­ worked. his remedy after the board reports? The Hartley Act. In the Thomas-Lesinski bill there is third provision of the bill is to the effect On June 30 the mines were returned to no such orderly legal procedure provided that his remedy is to request or direct the private operators and a brief stay for at all. First, it provides that the Pres­ the men to go back to work, with no power away followed until the new contract was ident may make a proclamation in the to make them go back. If he had that completed giving the miners additional case of a national emergency in which he power, that clearly would be unconstitu­ benefits together with 10 cents a ton for asks the parties to desist just as he might. tional. He would be attempting to tell welfare funds, which was justifiable in­ make a proclamation for Thanksgiving, men as individuals, after' they have struck asmuch as no new contract was com­ asking the parties to observe Thanksgiv­ and are back home or are working some­ pleted. ing or asking the Nation to observe Na­ place else, to go back to work. But he is In 1948 the dispute was over the dis­ tional Flower Week, or some other na­ without any legal authority to compel bursement of welfare and retirement tional occasion, with no power whatso- them to do so. And he should have no funds which was later settled in a man­ evel' to carry out anything. . such power. That would be bad in every ner which was detailed here this after­ . Mr. CRAWFORD. Mr: Chairman, will respect. It violates section 502 of the act. noon. No one will argue that their lead­ the gentleman yield? Let me read it to you. It protects the in­ er should be condemned for holding out for a well-financed welfare-fund royalty. Mr. GWINN. I yield to the gentleman dividual's ~ight to work or not to work: from Michigan. Concerning these gentlemen who have SEC. 502. Nothing in this act shall be con­ u·ndertaken to defend the Taft-Hartley Mr. CRAWFORD. As an illustration, strued to require an individual employee to render labor or service without his consent, law and· the amended Wood bill, I think I think it was last year, the President we should loolt in the background and appealed to the commercial bankers of nor shall anything in this act be construed to make the quitting of his labor by an indi­ see who is the author of the Taft-Hart­ the United States to soften down on the vidual employee an illegal act; nor shall any ley law, and see whether or not it under­ aggressiveness of making loans, to make court issue any process to compel the per­ takes to protect free collective bargain­ loans mow restrictive, in the hope of formance by an individual employee of such ing. In my judgment it puts the Gov­ doing away with some of the inftationary labor or service, without his consent; nor ernment on the side of management. In forces. The 'bankers were not obligated shall the quitting of labor by an employee or other words, instead of letting the unions except from the standpoint of protect­ employees · in good faith because of abnor­ mally dangerous conditions for work at the and management bargain at the bar­ ii;:ig the public generally, and, had they gaining table, as the Wagner Act did, and not responded, they could have gone on. place of employment of such employee or employees be deemed a strike under this act. which was the basis of the Wagner Act, Now, as t understand the gentleman, t:P.e Taft-Hartley Act enables manage­ under this condition the President would The Thomas-Lesinski bill presumes to ment to take a seat at the bargaining sjmply make a proclamation that there give the President power to request or table and destroys the principle of free is an emergency and solicit the assist­ direct without any real authority to ex~r­ c·onective bargaining. We have heard ance of the two parties carrying on the cise compulsion to go back to work, which much talk about the authorship of the strike which interfered with the national would be a definite violation of the indi­ Taft-'Hartley law. I wanted to ask the . welfare. vidual's right. The original Taft-Hart­ gentleman from Pennsylvania, the rank­ .· Mr. GWINN. Exactly so; exactly as ley act and the Wood bill which is pro­ ing minority member of the Committee he might have returned to the 1946 pe­ posed make a very great and fundamen­ on Education and Labor, if he had yield­ riod, when he might have proclaimed tal distinction in law. The whole proc­ ed to me earlier this afternoon, if he to all of the railroads in the country, ess of conspiring as a group to strike in would be wiliing to accept the name of "Gentlemen, thei:e is ·an emergency; the first place is the illegal act, and the the amended Wood bill. - there is snow and ice on the ground; it union officials, such as Mr. Lewis, are Mr. McCONNELL. I am sorry; I do is terrible to contemplate the shutting directed by the injunction not to make not understand the gentleman. What down of the railroad systems of the the nod in the first place which commits does the gentleman mean? United States." And, yet, that is all he 400,000·men on a national scale to strike. Mr. PERKINS. I mean, would you be could say, and that is all he did say, and It stops men from conspiring in the first willing that the amended Wood bill carry it did not work. So, he had to ask the place as an illegal act. It fines the lead­ the name of McConnell? Congress to draft the me~ into the armed ers who commit the illegal act. The in­ · Mr. McCONNELL. That is agreeable service. In the coal strike it was the junctive process stops the illegal acts in­ to me. I have nothing against the Wood same thing. stead of trying to compel the individual bill. . Mr. DOYLE. Mr. Chairman, will the men go" back to work once they are out. · Mr. PERKINS. Mr. Chairman, when gentleman yield? Our plea is that we submit ourselves to these hearings were being conducted a Mr. GWINN. · I yield to the gentle­ legal procedures. That we govern our­ lawyer by the name of Gerald D. Morgan man from California. selves according to laws. That we put appeared before the House Committee Mr. DOYLE. The gentleman referred strikes and closed shops and all such ex­ on Education and Labor. He revealed to the provision of the Thomas-Lesinski ercises of individual compulsory power of the backstage draftsmanship of the bill as just giving the President the power meri over other men without legal ·process House bill. He stated that he had first to make a declaration. Is it not true as wholly illegal and violent and contrary obtained permission from ·ex-Represent­ that under that provision the President to the concept of a free society under law. ative Hartley and Congressman HAL­ is given the power to appoint a board Mr. KELLEY. Mr. Chairman, I yield LECK, of Indiana, before appearing be­ with power of investigation, power of 10 minutes to the gentleman from Ken­ fore the committee. He stated that sev­ research, and power of recommendation? tucky [Mr. PERKINS]. eral months after the Taft-Hartley law Mr. GWINN. That is right. Mr. PERKINS. Mr.· Chairman, I take was enacted he received compensation Mr. DOYLE. For a period of 25 days. it that the gentleman from New York from the Republican National Commit- . Mr. GWINN. Now then, let me go on. who j~st preceded me does not believe in tee. In the course of that hearing I XCV--320 5072 CONGRESSIONAL RECORD-HOUSE APRIL 26 asked Mr. Morgan this question. You Taft-Hartley law. He stated that he re­ special counsel for someone; we did not -will find that question on page 1160 and ceived technical assistance from one know whom. following of the hearings which were Gerald Reilly, The evidence before our Mr. PERKINS. I accept the correc­ held before the Committee on Educa­ committee showed that Gerald Reilly at tion from the gentleman from Indiana. tion and Labor: the time of the hearings was receiving • Mr. BARDEN. Mr. Chairman, will the I want to make the observation that I $3,000 a month as a lobbyist from Gen­ gentleman yield? have been wondering, ever since we started eral Electric, not considering his many Mr. PERKINS. I yield to the gentle­ these hearings, up until I heard this witness, other corporate clients. Mr. Morgan man from North Carolina. just who prepared the act. I am glad to also stated that he received technical as­ Mr. BARDEN. Good names are hard have this information along with the other sistance from Theodore Iserman, chief to make and preserve; slurs are very counsel who assisted you in the preparation cheap and easy to make. The gentle­ of the act. counsel for the Chrysler Corp. I notice from your statement that you The gentleman from Pennsylvania man has been making some statements applied approximately 24 hours a day in [Mr. McCONNELL] in those hearings here concerning Mr. Gerald Morgan. drafting the act for a period of several made the comment, and I quote his com­ Mr. PERKINS. Yes. months, and that you received no compen­ ment. This is the gentleman from Mr. BARDEN. Let me say to the gen­ sation until several months after the bill Pennsylvania [Mr. MCCONNELL]' the tleman that Mr. Morgan was for a long became law. You further stated that when ranking minority Republican member of time counsel for and served the Commit­ you were paid compensation you were paid the committee. tee on Labor of the House of Representa­ by the Republican National Committee and that you had no contract with Representa­ He said: tives; he was a member of the drafting . tive HALLECK or Mr. Hartley concerning what If you had said $25,000 I would not have staff of the House of Representatives. your compensation would be. been surprised, knowing the charges for that He was regarded by every man who knew Inasmuch as you applied yourself so dili­ kind of work throughout the country. him as one of the finest young men who gently and you have disclosed the fact to the Here is what Mr. Morgan said about has ever served with us in such capacity. committee, would you mind telling the com­ I believe that statement will be concurred mittee just how much compensation you the original draft of the House Taft­ Hartley bill: in by everyone. received from the Republican National Com­ Whatever the gentleman has to say mittee for this difficult task that you have I have taken the Smith committee amend­ concerning whom he represents is all detailed to the committee? ments to the Wagner Act that had passed Mr. MORGAN. No, sir, I would not. I re­ the House in 1940, and the vetoed Case bill right with me, but I may say to the gen­ ceived $7,500. that had passed both Houses in 1946, com­ tleman that Jerry Morgan never told Mr. PERKINS. That is, from the Republican bined the two into one document for work­ you a lie; Jerry Morgan never tried to National Committee. ing purposes, and had ·incorporated therein mislead you; Jerry Morgan never refused Mr. MORGAN. Yes, sir. a number of additional ideas, any answer that related to anything he The successful efforts of the Republi­ He used those for his preliminary dis­ did. I just thought that ought to go in can National Committee in getting the cussions. the RECORD. He is no employee of mine; Taft-Hartley law enacted was the first . The CHAIRMAN. The time of the I do not even know what State he is step to take away the gains and benefits gentleman from Kentucky has expired. from; I do not know what his politics Mr. KELLEY. Mr. Chairman, I yield are, and I do not care; but in my opin­ which the laboring people received dur­ ion Jerry Morgan is a young man of fine ing the 13 years under President Roose­ five additional minutes to the gentle­ man from Kentucky. ability trying to make a living, and I velt. The so-called amended Wood bill am not going to sit idly by aed let him is the second attempt of the Republican Mr. PERKINS. The average Amer­ be slurred. leadership to hold fast to all gains under ican would be shocked to know that the Mr. PERKINS. In response to the Taft-Hartley by forming a coalition so-called Taft-Hartley bill was written gentleman from North Carolina I wish group and sponsoring a bill to be offered by the most vicious big-business lobbyist to state that in my judgment Mr. Mor­ as an amendment which is even more and paid for by the National Republican gan is a very astute lawyer, .and I do drastic on the principle of free collective Committee rather than being written as believe that he told the whole truth be­ bargaining than Taft-Hartley. a fair law to provide equality of bargain­ fore the committee when he appeared In committee, the original Wood bill ing power between management and as a witness. As to · whom he was em­ was offered as a substitute for the Lesin­ labor. ployed by at the time he drafted the ski repealer, by the ranking Republican Mr. HALLECK. Mr. Chairman, will the gentleman yield? act I am not certain; and I want to make member of the Education and Labor the correction in that regard because I Committee, and the Democratic members Mr. PERKINS. I yield. was informed that he was counsel for voted down their substitute. , Mr. HALLECK. I think the record Senator Ball, although that may be in- In comparing the amended Wood bill ought to be straight. What was Gerald correct. · with the Taft-Hartley Act, you will read­ Reilly's position at the time of the draft­ Mr. BARDEN. Who is that? ily detect that the name of Taft-Hartley ing of this legislation? Is it not true­ Mr. PERKINS. Gerald Reilly, fa eliminated. Notwithstanding the fact ! am not sure about it, I do not believe Mr. BARDEN. In other words, the that the bill repeals the Taft-Hartley Act I know Mr. Reilly; I do not think I would gentleman knows nothing improper and reenacts the Wagner Act; the lat­ know him if I saw him, but my under­ about or nothing that was detrimental ter, however,- is amended by provisions standing is that he was special counsel to the good name of Jerry Morgan. taken either verbatim or in substance ·to the Senate committee at that time; Mr. PERKINS. No; I do not know from the Taft-Hartley Act except in a and certainly I believe the gentleman anything. few instances. Although we have a wants to be fair about this. Mr. LUCAS. Mr. Chairman, will the ch~nge of name, we still have the Taft­ Mr. PERKINS.· Yes; that is right. gentleman yield? Hartley law incorporated in this so­ He was special counsel for Senator Ball, Mr. PERKINS. I yield to the gentle: called Wood bill. so I am informed. man from Texas. The Democratic Party will not stand Mr. HALLECK. It was my under­ Mr. LUCAS. The gentleman has re­ idly by and permit the Republican lead­ standing that he was special counsel for ferred to who wrote the Taft-Hartley Act ership to swap names and at the same someone in connection with the drafting or law. Can the gentleman tell us and time pass another labor law which in of the legislation. tell the Members of this House who wrote some respects is more drastic and op­ Mr. PERKINS. I do not believe that the Lesinski bill? pressive on labor unions than Taft­ he was employed by the House Commit­ Mr. LESINSKI. Mr. Chairman, will Hartley. tee on Education and Labor. I think the gentleman yield? Now, looking a little further into the that was brought out. As I understand, Mr ..PERKINS. I yield to the gentle­ background of the Taft-Hartley law, let he was chief counsel for Senator Ball. man from Michigan. us see just who did prepare this bill. Mr. JACOBS. Mr. Chairman, will the Mr. LESINSKI. Our Members helped . Mr. Morgan stated that he was the gentleman yield? us draft that bill. That is in the record only person other than the Representa­ Mr. PERKINS. I yield . . in the Senate. tives who sat in on all of the executive Mr. JACOBS. I believe it was well Mr. PERKINS. In my judgment, the sessions during the drafting of the entire understood by our committee that he was · ~omas-Lesinski bill was prepared by 1949 .CONGRESSIONAL RECORD-HOUSE. 5073 Members of Congress for the adminis­ ardize the national health and safety is Mr. McCONNELL. Mr. Chairman, I tration. the wrong way to approach this problem. yield 5 minutes to the gentleman from The CHAIRMAN. The- time of the The Director of Conciliation testified be­ Indiana [Mr. HALLECK]. gentleman from Kentucky has expired. Iore the Senate committee that they Mr. HALLECK. Mr. Chairman, I have Mr. KELLEY. Mr. Chairman, I yield sometimes had to stop negotiations at a never been very much given in my serv­ the gentleman five additional minutes critical period before the dead line pro­ ice in the House of Representatives to Mr. PERKINS. Mr. Chairman, H. R. vided in the act was reached in order getting up over a tempest in a teapot. 2032 is a bill which restores the national that a board of inquiry might be set up, But since the matter has been brought policy of free collective bargaining and since a report had to be filed before the up here, I am very happy that the gen­ adds some provisions designed to make President could ask for an injunction. tleman from Kentucky, who has just the policy even more effective. I want to The result was that weeks before the spoken, has done what he has to lay take· a few minutes to explain why, in dead line firm positions were taken and the ghost of the charge that the NAM or that bill, we did not include two provi­ negotiations effectivelY. cut off. Then the Chamber of Commerce or some other sions that are in the Taft-Hartley Act-­ the Board made its report without rec­ business organization wrote the Labor­ the provisions requiring the filing of a ommendations, injunctions were some­ Managemen t Relations Act of 1947. He non-Communist affidavit by representa­ times issued, and the question became, has helped to establish that the act was tives of unions, and the use of the in­ not one of settling the controversy but written by Members of Congress in the junction in so-called unfair-practice rather of living up to the terms of the exercise of their legislative responsi­ cases of employees as well as in labor injunction. According to the former bility. disputes. labor-relations director for New York Mr. PERKINS. Mr. Chairman, will The elimination of Communists would City who appeared before our commit­ the gentleman yield? seem to be the purpose of this provision tee, the emergency strike provisions of Mr. HALLECK. I yield to the gentle­ the Taft-Hartley Act hindered the ·set­ man from Kentucky. of the Taft-Hartley Act, but it does not tlement of the tugboat and longshore Mr. PERKINS. I just wish to state accomplish that. The act affects only that it would be my best guess that the a limited number of officers. If these disputes in New York. do not sign non-Communist affidavits, The Lesinski bill recognizes that there NAM furnished the money. then none of the members of the union may be national emergencies because of Mr. HALLECK. Well, the gentleman an actual or threatened work stoppage can engage in guesses all he wants to, nor the union itself can avail themselves but there come times when people ought . of the services of the NmB. and that the public interest must be pro­ tected, but it avoids the use of the injunc­ to speak with authority and with integ­ But, at the same time, the union can­ rity. The gentleman should know that not protect itself under the Taft-Hartley tion process of unhappy experience. When the President declares that a his guess is wrong. Act against disrupters and Communists The gentleman spoke of Jerry Reilly so long as they pay their dues. They national emergency exists, he may ap­ point an emergency board to investigate being employed by General Electric. I now have rights which the Taft-Hart­ do not know whether he is or not. But, ley Act seeks to protect. It is an unfair and mal~e findings and recommenda­ tions, which are not permitted under the I have just had inquiry made, and I labor practice to require the employer to understand that-- dismiss these disrupters and Commu­ Taft-Hartley Act, thus missing the op­ Portunity to focus the interest of the Mr. PERKINS. Mr. Chairman, will nists. If they pay their dues, they can the gentleman yield? continue to propagandize among loyal parties and the public on a reasonable solUtion. The status quo will be main­ Mr. HALLECK. Let me first answer workers; they can continue to bore the gentleman. I have had inquiry made from within; they can continue to tained without the threat of an· injunc­ tion, as it has been under the Railway and I am informed, not knowing him, agitate for quickies and for political and I . do not now know what his em­ strikes; they can continue to make the Labor Act. This is generally acceptable to both labor and management. ployment is, but at the time this legis­ life of the union precarious in every way, lation was being written Jerry Reilly Is that the way to weaken the influ­ There is no record that the use of the was on the professional staff of the Sen­ ence of communism in unions? injunction as provided in the Taft­ ate committee. So the gentleman from Communism is a major issue of our HartJey Act has either solved industrial­ Kentucky made the wrong guess there. time. Let us deal with it as a whole, relations problems or provided a guar­ As far as Jerry Morgan is concerned­ not in this underhanded way, which anty against work stoppages. In a and my interest in this is probably as strengthens the influence of Communists number of cases a strike ensued after much because of the insinuation about in unions, on the one hand, while, on the the entire waiting period was consumed. his character or capacity as anything other, it tries · to create the impression The effect of the injunction was to delay else-I first became acquainted with that Communists are to be found only in the strike and. then to delay the settle­ Jerry Morgan when I met him as an unions. ment while discussing the issues raised active member of the Legislative Draft­ As President Green, of the American by the injunction. ing Service of the House of Represent­ Federation of Labor,' pbinted out at our The provision in the Lesinski bill atives. I was actively . associated with hearing, we need to repeal the Taft­ shortens the waiting period to 25 days, him in his official capacity many times. Hartley Act as an object lesson that but it requires that the status quo be Since 1935 he had much experience in unions are free in the United States and maintained during this period and that drafting labor legislation. When it be­ that they are encouraged by law to the board of inquiry make actual recom­ came necessary to arrange for the serv­ attain equality of bargaining Power with mendations. According to the most ices of a technician to do the work of employers and corporations. experienced men in conciliation and drafting legislation to express the policy· Of all the provisions in the Taft-Hart­ mediation, this is an improvement over determined by Members of Congress, I ley Act, the return to government by the provisions in the Taft-Hartley Act could think of no better person to do the injunction is the most objectionable. and makes completely unnecessary the job than Jerry Morgan. He worked on Injunctions prejudge cases when they resort to the injunction process. the legislation for almost 6 months for are issued at the request of the Govern­ In my judgment-and I do not think the Members of Congress and no one ment, just as they do when issued at the that this committee can get away from else, and I saw to it that he was hon­ request of the. employer. For practical it, when you consider how this Taft­ orably paid for his services. purposes, the issue of an injunction in Hartley Act was drawn up and how big In my contacts with him I always an unfair-practice case is an immediate business operated in drafting the Taft­ found him to be completely objective, victory for the employer. It settles the Hartley Act-that we cannot permit the completely fair, and recognized as un­ issue in the employer's favor and the Taft-Hartley Act to stand on the books, doubtedly the best and ablest authority union rarely finds it advantageous to and neither will we permit a change to on matters of labor-management legis­ continue the case in the hope of over­ the Wood bill, which is nothing more or lation in the whole country. coming the prejudice thus created. less than Taft-Hartley No. 2 that car­ May I say to my friend from North The provision in the Taft-Hartley Act ries some added features, which makes Carolina that he happens to be a regis­ regarding the handling of strikes or the injunctive power more destructive to tered Maryland Democrat, first employed threatened stoppages which would jeop- labor. by a Democratic Congress. I agree with 5074 CONGRESSIONAL RECORD-HOUSE. APRIL -26 the gentleman from North Carolina that ative government in action, I cannot see rectly connected with the subject of he· has the confidence and the respect of ft. .. labor-management relations. every man who has served in the Con­ Mr. KELLEY. Mr. Chairman, I yield In the limited time allotted, I want to gress who knows· him, and I challenge myself 1 minute. speak briefly about, this one basic issue anyone to say anything different. Mr. Chairman, I think some Members of national policy in this debate and The manner of his payment was all are probably mistaken. Nothing has about three among the many errors con­ down on the records in the reports of the been said which would cast any reflec­ tained in the Taft-Hartley Act which committee. I might have put him on my tion upon the character or reputation of contributed to the break-down of the act staff to fill the job of administrative as­ Jerry Morgan. The point is that the itself which has now come about. . sistant, but I never filled th~t position all Republican National Committee paid The basic question is the matter of a the time I was majority leader, for 2 him. The gentleman from Indiana says national. labor policy. years. I saved the Government a little that they did not have control of ·the The errors are the writing into the money by practicing a little economy. executive branch of the Government and Taft-Hartley Act of one, the requirement However, there were reasons why, from therefore they could not call experts that the Department of Labor and the his standpoint as a practicing attorney, from that branch to write the legislation. National Labor Relations Board shall be with absolutely no connection to preju­ What was the matter with the committee furnished with facts about the int.ernal dice or embarrass him at all, that was not of.the House at that time, the Committee organization of unions and financial desirable. on Education and Labor, paying? That statements; two, the requirement that So I make no apology for the conduct is the point. before unions can apply for the adver­ of the matter. The truth of the matter The CHAffiMAN. The time of the tised protection of the act the union of­ is that I am glad that this tempest in a gentleman from Pennsylvania has ex­ cials shall execute affidavits swearing teapot has been raised, because it defi­ pired. that they are not members of the Com­ nitely establishes for everyone to know Mr. KELLEY. Mr. Chairman, I yield munist Party; and three, the so-called and understand that this Labor-Man­ 20 minutes to the gentleman from Ohio mutual obligation to bargain laid upon agement Relations Act was written by [Mr. BURKEL employers and upon unions. the Members of Congress who were Mr. BURKE. Mr. Chairman, 2 years These three errors are typical of many charged with that responsibility, obtain­ ago an enlightened Federal program for embedded in the Taft-Hartley Act. It ing the technical assistance and service dealing with labor-management rela­ was this assortment of fishhooks and of an acknowledged authority iri helping tions was brought to an abrupt end by legal booby traps planted throughout the them, not to write his opinions into the the Eightieth Congress. In the words of act that justified the comment, made im­ legislation, but simply to do the techni­ one who should know, and I now quote mediately upon the passage of the law cal work. That, I may say to the gentle­ from page 3 of a book entitled "Our in 1947, that the Taft-Hartley Act was man, as he stays here through the years, National Labor Policy," by Mr. Fred A. hell for workers, purgatory for employ­ if he does, he will find to be highly valu­ Hartley, Jr., a former Member of this er:;, and heaven for the lawyers. Ex­ able in writing the legislation the Con­ body: perience since that date has shown that gress has to pass on. The enactment of the Taft-Hartley Act statement to have been fact. When we Republicans came in to con­ marked the beginning of a new national labor Today, as the 'inevitable result of the trol of the Eightieth Congress we could policy. attempt to put labor relations in this not and did not send down to the depart­ The basic purposes of our national country in a legal strait-jacket, to say ments to have a flock of Government law­ labor policy, prior to the enactment of "thou shalt" and "thou shalt not'' at yers run up here to go to work. The the Taft-Hartley Act, were to encourage every hour in the daily relationships be­ chairman of the committee has said very collective bargaining and to protect the tween workers ar1d management, with frankly that the administration helped rights of workers to organize and desig­ stipulated procedures, with the continual to draft the present measure. I assume nate representatives of their own choos­ overhanging threat of arbitrary use of that is right. I trust they conferred with ing for the purpose of collective bar­ the injunctive power by the NLRB gen­ some of the members of the committee gaining. Accordingly, the Wagner Act eral counsel at the request of the em­ up· here. I do not believe they conferred was a simple piece of legislation which ployer, with both the NLRB and the La- with the gentleman from Pennsylvania legally guaranteed to workers the free -bor Department bogged down in paper [Mr. McCONNELL], who is the ranking .exercise of an inherent human right by work required under these and other evil Republican member or any other member requiring of employers only that they re­ provisions, the administration of the act on our side. frain from using certain unfair prac­ is a complete and utter failure. It has Certainly the manner in which the tices which interfered with the right of broken down. By delaying justice for legislation was written iri the last Con­ workers to organize and that they, the 1 and 2 years, it is denying the justice to gress-the Eightieth Congress-ought to employers, bargain with the freely chosen workers it was advertised as protecting. commend itself to every fair-minded per­ representatives of their employees. The · The regional office of the NLRB in the son in the country. It was a job tackled Wagner Act provided the minimum of city of Detroit is telling the unions who and done by Members of Congress in the Government interference with the volun­ appeal to it for action on complaints discharge of their responsibility. The tary procedures of free collective bar­ against employers that no action what­ bill was then taken before the committee gaining upon which our national labor ever can be expected for at least 4 and read for amendment line by line over policy was and should be based. The months. a period of several days, with 29 amend­ Wagner Act stated briefly its require­ This means that effective action can­ ments adopted. Then the bill went ments; established the Board to admin­ not be expected by workers and their th.tough the process of consideration and ister them; provided for judicial enforce­ unions in less than a year or 2 years, if amendment on the floor of the House of ment and review; and established a mini­ the employer takes the matter through Representatives. mum of procedures for the guidance of the courts. I say that is something which contrasts the Board, properly leaving the further Meantime, as has been said, employers with the situation that exists here today, development of administrative pro­ can get service while they wait in the when we have before us a bill drafted by cedures to the Board's discretion. To form of injunctions against unions. goodness only knows who, after consulta­ repeat, Mr. Chairman, it was a simple They get this short-order service from tions with no one knows who, brought up act which could not be less meddlesome. the ever eager and obedient NLRB Gen­ here and rubber stamped by the commit­ The Eightieth Congress in a period of eral Counsel Denham, who has become tee, written before hearings were held, emotional stress transformed this un­ expert at serving requests for injunc­ not after hearings were held, sought to complicated act into an intricate piece of tions off the cuff and sliding them down be brought to the floor by the chairman legislation into which was placed every the counter on demand. of the committee under a gag rule that provision inspired by the "there ought to Before discussing this matter of na­ woUld foreclose any amendment, seeking be a law" complex which so many persons tional labor policy and the three evils in to force the House of Representatives, a seem to have-provisions dealing with the act I should like, Mr. Chairman, to great representative, deliberative body, matters of public policy outside the prop­ state that I know at first hand out of my to rubber stamp it without even having a er scope of labor-management legisla­ own experience the harni that bad labor­ chance to amend it. If that is represent- tion, provisions collateral to and not di- management- relations can do to all con- 1949 CONGRESSIONAL RECORD-HOUSE 5075 cerned:_workers, employers, and the en­ tions, damage suits, and the like, . the such materials. Under such conditions there tire community. I know, likewise, the Taft-Hartley Act is productive only of is little competition for the workman's labor. Control of the means of production gives beneficial effects of good labor-manage­ mutual suspicion, fear, dislike, disgust, power to dictate to the working men upon ment relations. In the industrial city of industrial conflict, leading to industrial what terms he shall make use of them" (p. Toledo it has been my privilege to serve war-a war that would be not of the 800). the United Automobile Workers of Amer­ workers' making, but a conflict forced "The tendency toward unified control of ica, CIO, the Toledo CIO Industrial upon them by individuals, groups, and capital and business has only intensified Union Council, the Toledo municipal forces determined, as in the 1920's, to without changing the disadvantages of the government, and the State of Ohio in a weaken, divide, and destroy unions and wage worker in his dealings with eµiployers. variety of official capacities. Both as an the very idea and practice of unionism Even when the number of employers is con­ siderable, the number of workmen is far official of organized labor and as a public . and collective bargaining in this country. greater. The competition for work is nor­ official, I have had opportunities to see Turning now to what has been, what mally far sharper than· the competition for the internal workings of the collective is now, and what should be our national workmen." bargaining process. Let me a·ssure my labor policy, the single historical fact "The· seller of labor is worse off in several colleagues that the problems of labor- . that stands like a mountain on the great respects than the seller of almost any physi­ .managment relations are not nearly as plain of half a century of experience in cal product. _ His commodity ts in the high­ grim, as complex, as difficult of solution industrial relations is this: - more than est degree perishable. That which is not solq today disa:ppears absolutely. Moreover, as I have. heard them described here in wages, more than hours, more than work­ in the majority-of cases, the workman is-de.:. this Capital City of our country. ing. conditions, more than security. of pendent upon the sale of his labor··for -his . It has been our experience in Toledo, employment, American workers through­ support. If he refuses an offer, the next where labor-management relations have out our industrial history have wanted, comer will probably accept it, and he is likely been unusually cordial in recent years, have organized to get, have petitioned to be left destitute. • •. • · that good relations between unions and for, have demanded, have gone on strike "Considered merely as a bargainer, as an management depend on good faith. The for, and have sacrificed even their lives actual participant in the operations of the Toledo plan, which has been studied and to win' the right freely to organize into .market, the workingman is almost always under grave disadvantages as compared with .praised by scores of industrial-relations unions and to bargain collectively the employer. Except the trifiing haggling experts, was an experiment in good faith. through unions of their own choosing which he may do in the purchase of his small And it worked. It has worked-and it is with employers regarding all these con- necessities, he is accustomed to bargain only still working-for the benefit of workers, 9itions of employment. I insert at this. in the sale of his labor and the bargains of management, of the entire com­ point in my remarks excerpts from finq­ which determine the sales are .likely to be munity. ings of commissions and committees that made at somewhat long intervals. Every . The element of good faith has been have investigated the Nation's major employer, small or great, of necessity devotes present in labor-management relations labor disputes since 1894, the year of the a considerable share of his attention to bar­ gains of purchase and of sale. If the labor 1n the city of Toledo for many years. At great Pullman strike: bargain is made with a foreman, the fore­ one time we had perhaps more than our· FINDINGS AND RECOMMENDATIONS BY OFFICIAL man ls continually engaged in such bargain­ share of discord in my home city. We BODIES SHOWING THAT THE PRINCIPAL CAUSE ing and develops in it a very special had strikes-long, bitter strikes in which OF INDUSTRIAL UNREST HAS BEEN ATTEMPTS .skill. • • • workers sought only recognition of their To DENY TO WORKERS THE RIGHT To ORGAN­ "But aside from all questions of mental union and higher pay for their toil. We IZE AND To BARG~IN COLLECTIVELY dexterity and acquired skill, the working­ had police violence, and the National 1894: United States Strike Commission, ap­ man is at a disadvantage in that his eco­ Guard-and plenty of bloodshed, I regret pointed by President Cleveland, examined 111 nomic weakness is well known to his em­ witnesses and found, as a cause of the strike, ployer. The art of bargaining consists in a. to say. that "the Pullman Co. is hostile to the Idea. great .degree in concealing one's own best But eventually the employers of To­ of conferring with organized labor in the set­ terms and learning one's opponents. The ledo .came around tq the viewpoint that tlement of differences arising between it and workman cannot conceal his need of work, labor organizations were composed of its employees." and cannot know how much· his employer decent, law-abiding citizens who wanted "The company (the Pullman Co.) does not needs him. He is relatively ignorant of the only their share of the American stand­ recognize that labor organizations have any conditions , of the market·, both the market ard of living. Eventually, most employ­ place or necessity in Pullman, when the com­ for labor and the goods which his employer pany fixes wages and rents, and refuses to produces. It is the business of the employer ers came around to accept the view that to keep himself informed of the state o:f both unions are responsible organizations, treat with labor organizations. The laborer can work or quit in the terms offered, that markets. The employer is able to judge what democratic, and thoroughly in the Amer­ is the limit of his rights. This position se­ he can afford to pay for a given quantity ican tradition. With that acceptance of cures all the advantages of the concentration and kind of labor rather than do without it. unions, with that grant to the unions of of capital, ability, power, and control for the Under such conditions the results of free equitable status at the collective-bar­ company in its labor relatio~s and deprives competition is to throw the advantages of the gaining table-and in the entire com­ the employees of any such advantage or pro­ bargain into the hands of the stronger bar­ munity life-we climbed aboard the in­ tection as a labor uniop. might afford. In gainer" (pp. 801-802). dustrial peace train in my city of Toledo. this respect the Pullman Co. is behind the ECONOMIC RESULTS OF LABOR ORGANIZATIONS Mr. Chairman, the Taft-Hartl.ey Act age" (p. XXVI). "An overwhelming preponderance of testi­ was intended to destroy in dozens of 1898: Tl'!le Industrial Commission, consist­ mony before the industrial commission in­ ways-and does destroy-equality of ing of 5 Members of tl).e Senate, 5 Members dicates that the organization of labor has of the House, and 9 management and labor resulted in a marked improvement of the status as between employers and unions. representatives appointed by the President, · economic condition of the workers. • • •. It thereby destroys the basis for sound, employed 27 experts, examined 700 witnesses (p. 802). equitable, and peaceful relations between and in its report declared: · "The power of labor organizations to main• labor and management. Already it has "It is quite generally recognized that the tain wage rates, even in industrial depres­ wrecked good relations in many plants. growth of great aggregations of capital under sion, is repeatedly referred to in the testi~ If permitted to stand, I fear it would the control of single groups of men, which mony before the commission, and it is re­ damage, and I feel sure in time would is so prominent a feature of the economic garded by several witnesses as an influence destroy, the good work accomplished un­ development of recent years, necessitates a. of great importance in moderating the se­ corresponding aggregation of workingmen verity of depression and diminishing its der the Toledo plan and all other local with unions, which may be able also to act length. By keeping up wages the organiza­ and broader ·arrangements for sound as units. It is readily perceived that the tions are asserted to increase the purchasing labor-management relations. position of a single workman face to face power of the wage workers, and so to dimin... A one-sided law, a law loaded against with one of our great modern combinatiq_ns, ish the tendency to overproduction and labor as the. Taft-Hartley Act is loaded such as the United States Steel Corp., underconsumption" (p. 804). is in a position of very great weakness. A against labor, does not promote collec­ DEMOCRACY IN INDUSTRY tive bargaining, fair dealing, and peace­ workman has one thing to sell-his labor. He has perhaps devoted years to the acquire­ "As the units of industry have become ful relations. It does not promote incjus­ ment of a skill which gives his labor power large, the individual workman has been fur­ trial peace because it denies industrial a relatively high value, so long as he is able ther and further removed from the control justice. to put it in use in combination with certain of his own daily life. He has foUnd him­ Because it provides a legal labyrinth materials and machinery. A single legal self under the control of powers upon whose for snaring workers. and their unions into person has, to a very ~reat e~tent , the con­ conduct he has been able to exercise no endless negotiations, litigations, injunc- trol of such machinery and in particular of direct influence" (p. 804). 5076 CONGRESSIONAL RECORD-HOUSE APRIL 26 "By the .organization ·of labor and by no 1916: From the final report of the United 2,500,000 in 1915 to more than s:ooo,ooo / other means, it is possible to introduce an States Commission on Industrial Relations, in 1920. element of democracy into the government at public hearings throughout the country In the next 10 years, the Nation had of industry. By this means only, the workers over a period of 154 days, listening to 740 can effectively take part in determining the witnesses, stated: retreated to normalcy, to the phony conditions under which they work. This be­ "It has been pointed out with great force prosperity of the frenzied twenties. comes true in the fullest and best sense only and logic that the struggle of labor for or­ Union membership dropped to less than when employers frankly meet the repre­ ganization is not merely an attempt to se­ 3,000,000 organized workers in 1933. sentatives of the workmen and deal with cure an increased measure of the material Once strong unions, such as the United them as parties equally interested in the comforts of life, but is a part of the age-long Mine Workers, were empty shells, having conduct of affairs. It is only under such con­ struggle for liberty; that this struggle is only a few thousand members and nearly ditions that a real partnership of labor and sl;larpened by the pinch of hunger and the capital exists. • • • exhaustion of body and mind by long hours· empty treasuries. Good union men were "• • • If the working people are pre­ of improper working conditions; but that compelled by the hunger of their fami­ vented from introducing an element of de­ even if men were well fed they would still lies to conceal their union membership mocracy into industrial life by way· of labor struggle to be free." and to work at starvation wages in non­ organizations, they will undertake to intro­ The report quoted the testimony of Louis union mines, mills, and factories. duce it in another way" (p. 805). D. Brandeis, later Associate Justice of the Some may say there was comparative 1902: United States Anthracite Coal Strike United States Supreme Court: industrial peace in the twenties. It is Commission, appointed by President Theo­ "• • • And the main objectton, as I true work stoppages dropped from 3,400 dore Roosevelt, examined 558. witnesses, made see it, to the large corporation is that it a comprehensive study of the circumstances makes possible-and in many cases makes in­ in 1920 to 637 in 1930. But this peace surrounding the 1902 coal strike, and its evitable-the exercise of industrial absolut­ was not a peace brought about by indus­ causes and concluded: ism. It is not merely the case of the indi­ trial justice but by industrial terror and "The occasion of the strike of 1902 was the vidual worl~er against employer, which, even servitude on the employers' terms, demand of the United Mine Workers of if he is a reasonably sized employer, pre­ policed by labor spies and enforced by America for an increase in wages, a decrease sents a serious situation calling for the in­ court decrees. in time • • • the cause lies deeper than terposition of a union to protect the indi­ Wages dropped to pre-World War I the occassion and is to be found in the vidual. But we have the situation of an levels while prices stayed high. A de­ desire for recognition by the operators of the employer so potent, so well organized, with miners' union" (p. 31). such concentrated forces and with such ex­ pression resulted because the wage earn­ "The Commission is led to the conviction traordinary powers of reserve and the ability ers of America could not buy back a fair that the question of the recognition of the to endure against strikes and other efforts share of the products which they pro­ union and of dealing with the mine workers of a union, that the relatively closely or­ duced. through their union, was considered by both ganized masses of even strong unions are Farmers burned grain for fuel while operators and miners to be one of the most unable to cope with the situation." miners starved because coal could not important involved in the controversy which And the report continued: · be sold to busted farmers. culminated in the strike." "Both in theory and in practice, in the ab­ 1913: United States Commission on Indus­ sence of legisl!:!-tive regulation, the working The one exception was in the railroad trial Relations report upon the Colorado conditions are fixed ~'Y the employer. industry. There, collective bargaining coal strike of 1913 stated that this strike in- "It is evident, therefore, that there can was established. volved: · be at best only a benevolent despotism where In 1933, one of the first steps to fight "• • as its major issue the demand collective action on the part of the em­ depression was enactment of Section of the miners for a voice in determining the ployees' does not exist." 1919: The report of the industrial confer­ 7-A of the National Industrial Recovery conditions under which they worked. • • • Act, which established the right of work­ "In judging the merits of the miners' de­ ence called by President Woodrow Wilson to mand for collective bargaining, for that share consider the causes of industrial unrest and ers to organize and to bargain collec­ in the management of the industry itself to devise methods of solution, recom­ tively through representatives of their which is called industrial democracy, the mended: own choosing. Colorado strike must be considered as one "• • Employees need an established With the invalidation of the NRA, the manifestation of a world-wide movement of channel of expression and an opportunity Wagner Act became a necessity and was wage earners toward an extension of the for responsible consultation on matters enacted in 1935. The Wagner Act and principle of democracy in the workshop, the which affect them in their relations with factory, and the mine • • "-" (p. 6). their employP.rs and their work • • •" the Norris-LaGuardia Act, outlawing "By industrial liberty is here meant an or­ (p. 9). the use of injunctions in industrial dis­ ganization of industry that will insure to the "* • • Representatives must be select­ putes, changed the climate of industrial individual wage earner protection against ed by the employees with absolute freedom. relations. Union membership increased arbitrary power in the hands of the em­ In order to prevent suspicion on any side, from 2,857,000 in 1933 to 7,218,000 in ployer" (p1 8). selection should be by secret ballot. There 1937, to neai;ly 9,000,000 in 1940, to This report stated that the operators re­ must be equal freedom of expression there­ 15,000,000 in 1947. fused to meet with the representatives of after. All employees must feel absolutely the miners. convinced that the management will not Then in 1947, as had happened 27 "* • • in the light of Mr. Bowers' (a discriminate against them in any way be• years before, after World War I, we had representative of the Colorado Fuel & Iron cause of any activities in connection with a return to normalcy. Co.) admission that a mere conference would shop committees." But this time there was a difference; have prevented the strike, the operators' re­ Mr. Chairman, I urge the M~mbers to instead of turning over . to the private fusal to grant such a conference must be turn to pages 1, 2, 3, 4, and 5 of the ma­ employer the power to determine the regarded as making them responsible for all terms and conditions of employment, the the disasters that followed" (p. 86). jority report ·recommending enactment In describing in detail the violence in the of this bill. Therein is set forth a con­ Taft-Hartley Act in 1947 laid upon the strike, particularly the "Ludlow massacre, densed history of our national labor Federal Government the duty to use its in which 5 men and 11 boys were killed by policy previous to the Wagner Act, under powers to determine the terms and con­ bullet wounds, and 11 children and 2 women the Wagner Act, and under the Taft­ ditions of employment under the guise by suffocation as a result of the deliberate Hartiey Act, which is now about to be of some .Paramount public interest. firing of the tent colony by the State militia, repealed. To enforce these Government injunc..: Federal troops were subsequently sent in by tions, the Federal injunction was again President, and peace was restored." I will not cover that history in detail, Responsibility for "a condition of absolute other. than to point out that, when the revived and given statutory directives prostration of government and of actual Congress enacted the original Wagner for immediate use by ·public officers revolution" was placed upon the employers, Act in 1935, it had reviewed and accepted against unions without a fair hearing. and particularly upon John D. Rockefeller, half a century of experience in industrial Accused unions and their members were Jr., for the length of the strike, 7 months, as warfare caused by the persistent refusal to be hanged first and tried afterward. well as the violence that took place. of employers to accept union organiza­ At this point, I should like to point Discussing the company union set up and tion and collective bargaining. It had out that H. R. 4290 artfully offers to sponsored by John D. Rockefeller, Jr., for the wipe out some of the antilabor provi­ Colorado Fuel & Iron Co., the report con• found that when the National War Labor cluded that it embodied "none of the princi­ Board in World War I for the :flr~t time sions of the Taft-Hartley Act,. but at the ples of effectual collective bargaining, ~nd applied on a limited scale the principle same time would clothe the NLRl3 Gen­ instead is a hypocritical pretense of grant­ of collective bargaining, the number of eral Counsel with the most monstrous ing what is in reality withheld." organized workers had doubled, from powers ever sought to be assigned to a 1949 CONGRESSIONAL RECORD-HOUSE 5077. civilian officer in peacetime under our apple for the foreman" basis of fa­ by employers to discourage unionism, to form of government. voritism. break strikes, and to blacklist workers H. R. 4290 says with a sly smirk that Here we get at the real issue in this sympathetic to the cause of labor or­ the mandatory use of injunctions on a debate. T.he issue is betw.een those who ganization. Number One priority basis under certain really believe in the practice of collec­ I realize that it has become fashion­ circumstances is to be repealed; the use tive bargaining between free unions and able in certain advertising agencies and of injunctions is to be made di s cretion~ free employers and those who are afraid public-relations outfits to picture the ary with the NLRB General Counsel, of the practice of collective bargaining Wagner Act as one-sided. The products who shall have the power to seek an between free unions and free employers of these streamlined agencies were used injunction in any case in which there and who prefer a pretense at collective by the National Association of Manufac­ has been a charge of an unfair labor bargaining in which labor, no longer free, turers and many corporations in the practice. is handicapped at every stage by the legal newspapers and magazines of this coun­ Mind you, the injunction may be ob­ and procedural strait-jackets, and ankle­ try, and this was fully developed in our tained by the general counsel before any irons proposed in the Wood bill and other subcommittee hearings. But a lie re­ complaint has been issued by the NLRB, amendments to H. R. 2032. peated a million times does not become before there has been any hearing on A vote for H. R. 2032, without weaken­ the truth. No matter how many times the charge made by an interested party, ing amendments, is a vote for free unions they tried, big business in America could before there has been any examination and free employers; a vote against it or not disprove the fact that the Wagner of the facts and evidence, before there in favor of H. R. 4290 or similar pervert­ Act was legislation designed to curb cer­ has been any responsible determination ing or weakening amendments is a vote tain malpractices of industry and to by anyone .aside frpm the NLRB general against free unions today, against free ·make possible a basis for free collective counsel. Again, we meet Judge Lynch, employers tomorrow, against the prac­ bargaining. That and nothing more. the law west of the Pecos, that proposes tice of democracy in industry. And, not It has become equally fashionable to to "hang 'em first and try 'em afterward." so far down the economic and political maintain that the Taft-Hartley Act re­ Mr. Chairman, when I consider this road, a vote against H. R. 2032 will stores a balance. But it does nothing of and other provisions of H. R. 42~0, I feel amount to a vote against the practice the sort. In fact, it only restores an that we are like children playing with dy..; of democracy in both the economic and earlier lack of balance and then adds namite caps. Believe me, there are dyna­ political fields. repressive features against labor to ag­ mite caps strewn all through H. R. 4290 Let us make no mistake about this. gravate still further that lack of balance. and in other amendments that are to be Democracy is simpler· than regimenta­ Let me warn my distinguished col­ o:tfered in the course of this debate. tion. The Wagner Act and H. R. 2032 are leagues as emphatically as I can, so long as the Taft-Hartley Act or its major H. R. 2032 is a sober, responsible, care­ simpler than the Taft-Hartley Act and H. R. 4290. The Wagner Act and H. R. provisions remain on the statute books, fully considered measure intended and we can never have fundamentally cor­ designed to reestablish and implement 2032 assert and implement the right to a national labor policy that helped to organize and to bargain collectively. dial labor-management relations i r ~ That is the living rock on which any these United States. So long as workers bring us out of the depression of the know the provisions of the Taft-Hartley twenties and early thirties, that assisted sound democratic labor policy must be based. Act form an arsenal of legal weapons in giving us as a Nation the productive for the use either of the general counsel strength and the greatest industrial pro­ H. R. 2032 adds to the Wagner Act cer­ of the National Labor Relations Board duction in the history of mankind, and tain important substantive provisions or for any employer who wishes to use that helped powerfully to win World providing for e:tf ective machinery in han­ them, we cannot build good faith and a War II. dling jurisdictional disputes and in de­ sound basis of industrial peace. We would be stronger now, Mr. Chair­ claring that secondary boycotts in sup­ Our experience is clear. You do not man, if we had not taken the wrong turn­ port of jurisdictional disputes are unfair get cooperation at the end of a gun. ing in 1947, blaming and seeking to pun­ labor practices by unions. And the Taft-Hartley Act is .just that. ish labor for an inflation and a period of In a free society a national labor pol­ Full page ads in slick magazines, widely­ postwar industrial unrest in which wage icy need not and should not go far be­ circulated questionnaires full of loaded earners, individually and in unions, were yond the establishment of legal guaran­ questions, the shrill hysteria of certain the principal victims. ty of the right to organize and to bar­ radio commentators-none of these can If labor had been stronger in 1946, if gain collectively, It. is fair and proper hide the one-sidedness of the Taft-Hart­ the ranks of the unions had included sub­ that an employer should be protected ley Act from the workers who are its stantially all the wage earners in the against being caught in the middle of victims. Nation, we would be stronger today, in a jurisdictional dispute brought about by No section of the Taft-Hartley Act terms of our internal economy, in the no act or wish of his own, and that· is shows more openly its one-sidedness and international economy, and in terms of provided in H. R. 2032. its confusion than that section which national security. We would have today One of the Taft-Hartley Act's prin­ calls upon elected union officers to sign a healthier distribution and balance of cipal errors was in attempting to take non-Communist affidavits if they wish our national income; farmers would be free unions and free employers a long to use what few facilities of the National assured of a more stable market at fairer way down the road toward complete Labor Relations Board are still of im­ prices for their products; independent "legislative determination of the terms portance to them. businessmen would be assured of a more and the conditions of private employ­ My own experience, and the conversa­ stable market at fairer prices and profit ment." tions I have had with many union lead­ margins; the specter of unemployment, That is the issue, Mr. Chairman. We ers-in national offices and local underemployment, wage cutting, stretch­ who ask for the adoption of H. R. 2032 offices-confirms the fact that the anti­ outs, speed-ups, and shake-outs of the are for the .exercise of freedom and de­ communist affidavit is of little use to aged would not today haunt the 46,000,- mocracy in American industry; those anybody but the factories which produce 000 nonagricultural wage earners in our who urge H. R. 4290 or additional regu­ the paper for the affidavits,- and a few Nation. latory amendments to H. R. 2032 are clerks at the Department of Labor whose Mr. Chairman, I urge the Members of lending themselves, I have no doubt un­ jobs may depend on filing ·the affidavits this House to def eat legislation that, consciously in many instances, to a regi­ into neat bundles. There should be while paying lip service to union or­ mentation that would apply to wage something better for thein to do. ganization and collective bargaining con­ earners today and, should their substi­ I have always opposed Communists in tains deadly booby traps and land mines tute be adopted and become the law of labor unions and everywhere else. My for the destruction of labor unions and the land, to employers tomorrow. union, the United Automobile Workers, . the elimination of collective bargaining It is obvious to me that such a national has had considerable success in rooting in the months and years ahead. By the labor policy must recognize that collec­ out Communists from positions of lead­ pessimistic reckoning of some employers, tive bargaining is a two-way process. ership. Other unions in the Congress we shall have a surplus of labor that will The Wagner Act recognized that fact. of Industrial Organizations have had permit them to pick and choose on what It put an end to a whole range of dis­ similar successes in recent year·s. But organized labor calls the bad old "red criminatory practices that had been used the affidavits had nothing to do with this 5078 CONG~ESSIONAL RECORD-· HOUSE APRIL 26 cleansing of Communists from union Mr. Chairman, I urge that we pass H. ditions of employment, the Taft-Hartley positions. R. 2032 to repeal the Taft-Hartley Act­ law provides the cover under which a There are Communists still holding as a first step toward enactment of the bad-faith bargainer hides. He gets tech­ some positions in some unions in this Fair Deal program which the people of nical. The law gives him many techni­ country. They did not sign the affi­ the United States so earnestly demand. calities for this unworthy purpose. Un­ davits; they just stepped into other jobs Mr. HOLIFIELD. Mr. Chairman, I ions and employers can and do equally and let their stooges take the elective ask unanimous cc;msent to extend my re­ utilize this law for subterfuge purposes. posts and sign the affidavits. But the marks at this point in the RECORD. Collective bargaining becomes subverted. Communists were not swept from office The CHAIRMAN. Is there objection The National Labor Relations Board be­ in my union by affidavits, and they will to the request of the gentleman from comes many times the recipient of this not be swept out of their jobs in any California? failure of the parties to meet their re­ other unions, until the members do the There was no objection. sponsibilities. These failures are oft job. Mr. HOLIFIELD. Mr. Chairman, clothed in cases filed with the Board­ The men who have been most success­ many years ago, some place, I heard the and, when filed, the parties sit back and ful in meeting the problem of commu­ following philosophical bit: - direct their energies at what amounts to nism in the American labor movement­ Don't trouble trouble 1f trouble doesn't lawsuits rather than collective bargain­ who have the most experience-do not trouble you. ing. I cite you the Boeing Aircraft Co. like the affidavit. President Murray and case in Seattle, Wash., as an excellent Secretary-Treasurer Carey of the CIO, Applying this pithy truth to the seri­ example in point. President Reuther of the United Auto­ ous and important problem before the I submit that we should not trouble the mobile Workers, and many others, are House today, I make these observations: waters of the fast and rocky .stream of unanimously opposed to the affidavits. I The Taft-Hartley Act is a trouble industrial labor relations. Let us clear think we should heed the words of these creator. It is a trouble stimulator. It the channel by removing the Taft-Hart­ men, who might well be considered tech­ sparks combustible matter. ley Act and bring back the Wagner Act. nical experts on the subject. Successful plant labor relations sys­ Let the Wagner Act be a mere greasing Some of the people who still support tems existing in many of our industrial agent for the skids that direct each new the Taft-Hartley Act acknowledge the enterprises throughout the country are ship into the collective-bargaining correctness of labor's criticism of affi­ of delicate, sensitive structure. They are stream. davits-but with typical refusal to face the result of many fine adjustments cre­ Mr. McCONNELL. Mr. Chairman, I the facts, they seek to compound error ated by employers and unions through yield 15 minutes to the gentleman from upon error. Rather than repeal the the collective-bargaining process. Gen­ Kentucky [Mr. MORTON]. Taft-Hartley Act and its affidavit sec­ erally, in the employee relations history Mr. MORTON. Mr. Chairman, the tion, they say: "Let's extend the affida­ of these plants, there have been some members of the committee have already vits, and make employers sign them too." rough periods; strong disagreement be­ been accurately informed on the high­ Presumably those paper manufacturers tween managements and employees, handed methods which were employed in and those Labor Department .file clerks strikes, misunderstanding of motives. bringing this pending measure to the will welcome the extra work-but I think Yet, out of these have grown fair and :floor without consideration . by the ap.;. their services can be put to better use. democratic rules of work and pay em­ propriate congressional committee. I I am willing to concede that the board bodied in negotiated labor agreements. must, however, in due fairness, pay trib­ of directors of the National Association The scars have healed but are remem ... ute to the gentleman from Michigan, of Manufacturers does not contain a bered. the chairman of the House Committee single Communist-though I am often Suddenly, from tbe outside, an all em­ on Education and Labor, in certain re­ tempted to think that in their opposi­ bracive statute, the Taft-Hartley law, spects. In the first place, he made his tion to all progressive legislative propo­ superimposes a prefabricated labor rela­ position and his policy crystal clear. He sals, they are acting just the way the tions policy tailored to much of the worst did not engaged in any double talk or in Communists want them to act. in labor relations and little of the best­ any way try to mislead the members of Even the Joint Committee on Labor­ and these successful plant systems find the committee. He said, "So far as I Management Relations, headed by for­ themselves modified by a heavy super­ am concerned, I am going to fallow the mer Senator Ball, admitted that exten­ structure of detailed Federal law. What instructions of the administration." He sion of affidavits would have no effect­ the original Wagner Act brought to.:. made it clear just where he stood and except perhaps to fool workers into gether the Taft-Hartley Act rips asun­ all of us admire this in any man, whether thinking the Taft-Hartley Act was being der. we agree with him or oppose him. And modified. And the committee pointed What do we find? second, I must commend him on doing out that proposals for such an affidavit First. Bootleg labor agreements where just what he said he was going to do. I by employers might be tossed out the employer and the union, having lived think all of us share an admiration for by the United States Supreme · Court with the closed shop, continue tQ do so those qualities in a man which lead to as completely meaningless legislation. without benefit of the law. achievement of purpose. The affidavit section was unnecessary Second. Technical rules for serving no­ The majority has taken the position legislation. So was the proposal that tices of varied description; employer to that there was no need to consider this unions must file financial statements with union, union to employer; 60-day notices, legislation in executive session or read the Federal Government. When the 30-day notices; notices to reopen a con­ the bill for amendment in committee. Taft-Hartley Act was first under consid­ tract, notices to terminate a contract­ It has stated that the issues are clear eration, its sponsors were told that al­ all calendar-controlled and perilous if a and that the proposed measure merely most every union files public financial day is missed. reenacts the Wagner Act with certain statements. It was pointed out that • Third. Legal strikes. Illegal strikes. amendments in the field of secondary there was nothing secret about those ·fig­ Uncertainty as to where and when le­ strikes and boycotts ·and in jurisdictional ures. gality turns into 11legalit")'. disputes. Now, Mr. Chairman, this is But Congress legislated on the subject Fourth. The legalisms of "causing," not entirely true. In section 107 of the anyway. The unions still publish their "attempts to cause," "inducements," "at­ bill, there is a so-called improvement of :financial statements, and the Govern­ tempts to induce," and so on until man­ the original Wagner Act which gives legal ment files get' further clogged with use­ agement and labor representatives turn sanction to the deduction from em­ less papers. Congress legislated against into curbstone lawyers scanning a stat­ ployees' pay without their consent of menaces that simply did not exist-both ute, long and involved, slated for years virtually any sums the unions might so far as the financial registration pro­ of Supreme Court interpretations. assess. The pending bill extends the vision was concerned and on the whole And so on, can I enumerate the new automatic check-off to all membership subject of labor-management relations. and the novel our industry and our labor obligations. This would include not only It is time that we heeded the call which finds itself faced and concerned with. members' dues and initiation fees, no they f'Ounded at the voting booths last The unnecessary irritations of the law matter how discriminatory or how ex­ year. As a first step, we should repeal become a factor in the relations between orbitant, · but also any assessments that evil legislation which has come to the parties. sometimes, when misunder­ which the union might levy against the represent reactionary spirit. standings arise over new terms and con- members generally or against particular 1949 CONGRESSIONAL RECORD-HOUSE 5079 individuals. This would, mean that ployer to cease dealing with a nonunion froin any financial liability, for the Le­ unions, in many cases by a simple ma­ employer should have been an unfair sinski bill, although providing for the jority vote of those present at a union labor practice, because the nonunion judicial enforcement of Board orders,. meeting, could assess all members sub­ employer may not legally control or affect significantly eliminates any provision stantial sums to be used for purposes the union or nonunion status of his em­ for the award of money damages. to which many minority members might ployees. '!'he method by which the union The so-called prohibition against ju­ be opposed. should seek to unionize the employees is risdictional strikes which the Lesinski bill Mr. VORYS. Mr. Chairman, will the not the metho - ~ of indirect coercion but contains is just as empty. The Taft­ gentleman yield? the direct and democratic method of per-. Hartley Act in unequivocal terms made Mr. MORTON. I yield to the gentle­ suasion and selling itself by the advan­ jurisdictional strikes an unfair labor man from Ohio. tages which it offers. practice and a cause of action for dam­ Mr. VORYS. Would that cover a fine There is one form of secondary strike ages unless the employer involved in the assessed by the union upon a member? prohibited under present law which jurisdictional dispute was violating a Mr. MORTON. As I understand the works an injustice to organized labor certificate or order of the Board by not pending bill, it covers a fine assessed by and it certainly should be corrected. The assigning the disputed work to members the union on a member. For example, ,Taft-Hartley Act has a fiat prohibition of the striking union. The Lesinski bill let us suppose that a certain union feels against the secondary boycott in all cir­ not only contains no provision for suits that it would be an act of charity and cumstances. This provision has been for damages in order to deter jurisdic­ good will to contribute to the parent­ justly criticized on the ground that under tional strikes but does not make them teacher association of a nearby school in it an employer whose men are on strike even unfair labor practices. What it an underprivileged neighborhood to pro­ can farm out his work to another em­ does is to provide that in the event of a vide more adequate luncheons and health ployer who may hire members of the jurisdictional strike the Labor Board facilities for the children. Let us further same union. The present law should be may appoint an arbitrator. It is only suppose that 20 percent of the member­ amended so as to premit union members after the arbitrator's award becomes ship of this union belong to the Catholic to refuse to work on contracts that are final and binding that it becomes an un­ faith and send their children to paro­ farmed out by employers whose em­ fair labor practice to continue a juris- . chial schools which they support by vol­ ployees are engaged in a legitimate strike. dictional strike. In other words, the untary donation. These men might In section 8 (b) (4) (A) of the present bill provides no method of obtaining any justly feel that they would not want to law, the owner of a small business is pro­ effective relief for at least 2 years after contribute to a fund for the aid of tected against enfcreed membership in a such a strike begins if the Board's pres­ children attending· public schools. Yet union organization or even in an em­ ent pace in keeping up to its docket may if the majority so decided, they would ployer organization. Most of the mem­ be accepted as a fair index. · have no choice. They would have to bers of the committee are familiar with The problems that I have covered are stand for the assessments or lose their. the Dock Street case which was to some only a few of the many that we will en-: jobs. It is a part of the American tradi_­ degree responsible for the inclusion of counter in trying to write a fair labor.. tion that the majority must work its the section above referred to in the pres­ management-relations law here on the way. It is also a part of the American ent act. The Lesinski bill is silent on floor of the House. I think an over .. tradition that in· so doing, the rights of this subject. Jus~ recently the Inter­ whelming majority of the people of this · the minority must be protected. national Barbers' Union, at its last con­ country agree that there was a need for. In the areas in which the majority ad­ vention, directed all union barbers to re­ the Wagner Act at the time of its pas­ fuse to work at any shop unless the sage. I think an equal majority will mits that the Lesinski bill departs from agree that there has been need for the. Wagner Act; namely, secondary proprietor himself. joined the union and paid dues, initiation fees, and special amendment in the years since 1935. The strikes ·and jurisdictional disputes, we late President Roosevelt, when he signed fi.nd a highly complex situation which assessments, even though such proprie­ tors had no right to participate in union the act, said that future amendments should have been carefully explored in would in all probability prove necessary. committee session. The fundamental affairs. Only after charges had been fallacy of all the arguments in favor of filed under the National Labor Relations During the years that followed the secondary strikes is that they are incon­ Act did union officials agree to stop press­ passage of the Wagner Act, the union ing this demand. If the Lesinski bill is movement grew from childhood to man­ sistent with the basic right of employees adopted as presented, proprietors of hood in this country and became the to make a free choice as to whether or, barber · shops as well as thousands of great agent for free collective bargain­ not they will join a union and bargain other small-business men would be at the ing. It has made a great contribution collectively through their own represent­ to our dynamic economy and to the liv­ atives, free from coercion by employers. mercy of such union demands. Not content with diluting the prohi­ ing standard of the American people. In the face of that right, secondary As it grew and as our economy became strikes and boycotts have no justifica­ bitions against secondary boycotts until they are almost meaningless, the au­ more complex and more closely inte­ tion, for the secondary strike is not di­ thors of the Lesinski bill also seek to grated, the need for remedial and clari­ rected to persuading nonunion employees eliminate any effective enforcement ma­ fying legislation in the field of labor-. to join the union because of the bene­ chinery against such limited boycotts as management relations became apparent, fits they can obtain by becoming mem­ they concede to be against public policy. but nothing was done by the Congress. bers. It is directed against the em­ Under the Taft-Hartley Act the General This was so because the Wagner Act ployer of those employees~ Counsel is empowered, if the investiga .. came to be regarded as a political sacred Both under the original Wagner Act tion of the field staff shows a charge to cow. The elections of 1946 made appar-- and under present law, the employer be meritorious, to apply to the United ent a great public demand for legisla-. cannot take sides. He is forbidden to States district courts for injunctive re­ tion in the labor-management field. · interfere with his employees in the ex­ lief. The Lesinski bill deliberately omits The Taft-Hartley Act· was the result of, ercise of their rights. He is forbidden to any provision for temporary injunctive that demand, and its severe impact, both' discriminate in regard to hire or tenure relief even in the most flagrant case of . real and emotional, in the labor move-. of employment, to encourage or dis­ secondary boycott. The only remedy ment can be, in large measure, attrib.. .'. courage membership in any labor or­ provided is that the parties aggrieved uted to the 15 years immediately preced-· ganization. Many secondary strikes may file an unfair labor practice charge. ing in which nothing was done. The when used in the past were to force an The irony of this suggestion becomes clear present law in its application has demon­ employer to force his employees to join when it is remembered that the Board is strated that it needs amending in several a union. Under either the Wagner Act now so far behind in its work that it important respects. I favor the amend­ or present law, that forces an employer would take 18 months even in the sim­ ment of the present law in the light of to break the law. plest case between the date of the filing present needs. I do not see why we This type of secondary strike and of the charge and the issuance of a should return to something that was boycott might have had so.me justifica­ cease and desist order. And even then a passed nearly two decades ago in an en­ tiop in the era before labor's bill of rights defiant union could continue to inflict tirely different set of circumstances and was passed. Since that time a strike by severe economic damage upon innocent try to move forward from that point. union labor in order tc compel their em- third parties and be completely immune The union movement in this countrY. 5080 CONGRESSIONAL RECOJ:tD-HOUSE APRIL 26 today is strong, powerful, and vociferous. stroy human lives before they have seen management relations before laws on Management in this country today is . the light of day, st111 I would be the last this subject were passed by that also strong, powerful, and vociferous. to attempt to condemn every member Congress. Each of these giants is trying to get the of that calling because some doctors have In recognition of the correlative re­ best possible break for himself in the disgraced their profession. sponsibilities involved, the President at pending legislation. That is human na­ Mr. Chairman, I deplore the effects of that time in 1947 recommended that ture. The task that is before us is diffi­ the Taft-Hartley law on the party such commission be composed of Mem­ cult. We must first free ourselves of the founded by that great humanitarian bers of Congress, chosen by the presid­ acrimony and emotional overtones which Abraham Lincoln. Our democratic form ing officers of the two bodies, and repre­ accompany this fight between two giants. of government calls for two strong parties sentatives of labor, management, and We must then pro·ceed to write a bill here numerically divided as nearly as pos­ the public to be appointed by him. The on the floor of the House which will pro­ sible. The· 60,000,000 workers in this Congress did not provide for such a com­ tect the traditional American human country, with the exception of a few, mission. Instead, Congress passed the rights and the welfare of the general are God-fearing, law-abiding, home­ Taft-Hartley Act. The Taft-Hartley public. I urge the members of the com­ loving patriotic people. The Taft-Hart­ Act, besides substantially doing away mittee to proceed on this basis. ley law in effect has been an indictment with the Wagner Act, did create an in­ The CHAIRMAN. The time of the of these workers. Regardless of the in­ vestigatory committee. This committee gentleman from Kentucky [Mr. MORTON] tent of the proponents of the act, it was authorized to study the field of labor has expired. has been generally accepted as an in­ relations and to make recommendations Mr. McCONNELL. Mr. Chairman, I dictment and is strongly resented by to Congress. The President had recom­ yield 10 minutes to the gentleman from them. mended that similar authority be reposed California [Mr. WELCH]. During the Revolutionary War, when in a commission. As authorized how­ Mr. WELCH of California. Mr. Chair­ the American Colonies were fighting for ever, the distinction between the joint man, I spoke and voted against the so­ their independence, British Imperialists committee and the President's recom­ called Taft-Hartley bill when it was be­ and Tories were demanding the extermi­ mended commission was fundamental. fore this House for consideration during nation of what they termed the rebels. Neither labor, nor management, nor the the Eightieth Congress. I felt it was a Edmund Burke, a great statesman and public interests were directly represented mistake at that time ct.nd the best proof orator of that day, made a speech in on the joint committee. It was strictly that those of us who voted. against the the British Parliament urging concilia­ congressional. It was not formed to ob­ bill were right is the fact that a coalition tion in which he said: tain helpful tripartite assistance, as the is here with a bill which makes a gesture I do not know the method of drawing up Government had so · often done in the of amending this antilabor law instead of an indictment against a whole people. I past, or to share responsibilities in the repealing it outright and enacting a new cannot insult and ridicule the feelings of complex, dynamic field of labor relations law in keeping with the desires of mil­ millions of my fellow creatures. with leaders in this and allied fields. It lions of organized and unorganized work­ Burke made that statement concern­ walked alone. It is not strange that ers of this country. ing less than 4,000,000 people in the such a committee was ineffectual. It is Mr. Chairman, I was chairman of the American Colonies; how much more true not strange that it failed in obtaining Committee on Labor during the Hoover are his words when you multiply this cooperation. Listen, however, to this administration and was complimented to sixty million. puzzled expression of the committee in by that administration for the humani­ The Taft-Hartley law evidently cared its report issued in March 1948: tarian and constructive legislation re­ nothing for the nearly 60,000,000 work­ Early in December 1947 we issued a pub­ ported and enacted into law at that time. ers in this country, with the result lic statement inviting unions, employers, Members of the House for years sought that the law has driven millions of work­ employees, and the public to bring to our membership on the Labor Committee for ers away from the Republican Party, attention any case of an inequity created by the purpose of relieving the burdens of the party of Abraham Lincoln and Theo­ the new law. We promised a complete the toiling masses instead of reporting dore Roosevelt, and reduced it to a hope­ investigation followed by recommended and helping to enact into law oppressive less minority. amendments should such an inequity be es­ Mr. KELLEY. Mr. Chairman, I yield tabli.shed. Our statement received wide pub­ antilabor legislation. If you will read licity in the press, was printed in the CON­ the House rules and manual pertaining 10 minutes to the gentleman from New GRESSIONAL RECORD, and was extensively cir­ to the powers and duties of committees Jersey [Mr. HOWELL]. culated. There was no response to our you will find that every legislative com­ Mr. HOW:J!!LL. Mr. Chairman, this invitation. mittee of the House, such as Agriculture, bill which is before us wisely makes no provision continuing the Joint Commit­ The committee was surprised. I can­ Armed Services, Merchant Marine and not say that I am. Fisheries, Post Office and Civil Service, tee on Labor-Management Relations and Veterans' Affairs, consider and fa­ established by the Taft-Hartley Act. It The joint committee was authorized vorably report legislation helpful to and wisely makes no provision for any com­ specifically to investigate, among other in the interests of those who come under mittee similar in set-up and authority related subjects, the administration and their jurisdiction, with the exception of to the so-called watch dog committee. operation of Federal laws relating to the Committee on Education and Labor, The watch dog committee has for all labor relations. It is the exercise of which committee during recent years has practical purposes expired. I would not this authority which has earned it the been doing the very reverse. have it revived. This committee func­ name "watchdog." It is the manner in Mr. Chairman, I yield to no one in my tioned long enough to demonstrate its which this authority was exercised which desire for amity between employers and ineptness and undesirability. It func­ runs counter to the independence of the employees. I have always deplored tioned long enough to demonstrate the e~ecutive and judicial branches of our strikes, for the time and money lost manner in which quasi judicial functions Government. through paralyzing strikes can never be can be interfered with by Members of Chancelor Kent considered the sepa­ regained. I do not condone acts of some Congress. · In that way, and that way ration of powers between the three labor,Ieaders, and at the same time I am alone, it performed a useful function. branches of our Government, as pro­ unalterably opposed to legislation op­ Public investigatory bodies, of course, vided in our Constitution, a vital prin­ pressive and punitive to nearly 60,000,000 may perform a valuable function, if they ciple of freedom. I believe that such a workers by reason of the acts of a few. are constituted with due regard to the division of powers is generally held to be I do not condone acts of unscrupulous interests to be affected by their actions. vital to our system of government. It is lawyers who have been disbarred from Official commissions of one kind and the province of the United States Con­ the practice of their profession. But no another have performed and are -per­ gress to pass laws. It is not the province sane person would attempt to condemn forming laudable services for this Gov­ of the Congress to execute laws, to ex­ and punish the entire legal profession, ernment. In this connection, it will be pound laws, or to enforce laws. It is from which the judicial branch of our remembered that the President recom­ furthermore not appropriate tor. the Government is drawn, for those who dis· mended to the Eightieth Congress the.ap .. Congress to inject its influence directly regard the ethics of that noble vocation. pointment of a temporary joint commis­ into the execution or the exposition of I do not condone acts of doctors who de- sion to inquire into the field of labor- the laws. 1949 CONGRESSIONAL RECORD-HOUSE 5081' The general counsel of the Board Act, Federal assistance may be offered in Mrs. ROGERS of Massachusetts. Mr. clearly stated before a committee of the grievance cases under existing agree­ Chairman, I make these remarks during Senate considering his confirmation that ments only as a last resort and in excep­ this debate because the cancellation of he felt it would be a privilege to consult tional cases. This appears to me to be a construction of the great carrier hy the the joint committee as to its interpreta­ serious deficiency. A labor dispute is Secretary of National Defense affects tion of the various questions regarding just as undesirable whether it arises un­ so much business and business manage­ the act before he took a position upon der an existing contract or from condi­ ment and labor that I think it should them. The close relations subsequently tions outside of the contract. It is just be brought up and considered during this maintained between the members of the as costly, just as wasteful and disruptive debate. watchdog committee and the Govern­ of the interests of all concerned. The SECRETARY OF DEFENSE ACTS WITHOUT ment officials administering the National treatment of arbitration procedures un­ AUTHORITY Labor Relations Act, as amended, cer­ der the Taft-Hartley Act is, in my opin­ In my remarks I am going to include tainly created a ready channel for the ion, not tenable. It is, of course, true the editorial written by Mr. David Law­ transmission of committee interpreta­ that settlement by the parties concerned rence, appearing in the Washington Star tions. Other evidence before the labor under a method agreed upon by the par­ for Monday, April ~5. 1949. This article committees of this Congress show that ties is the most desirable method for the deals with the devastating blow that has communication between members of the settlement of any disagreement. But the been dealt to the United States Navy by respective bodies and their staffs was a parties should not be pushed into pro­ the autocratic method used in abolishing constant occurrence. These communica­ viding such a method. This is too much the construction of the large aircraft tions, furthermore, involved personal the same thing as compulsory arbitra­ carrier. conferences. Reports to Congress ap­ tion. It is not in any sense free collective May I remind the leadership of this praising the work of the Board, includ­ bargaining. Disputants in large num­ Congress and all of the Members that by ing the discussion of pending cases, were bers of cases should not be penalized by law-by statute-enacted in Congress printed and circulated. There was no being deprived of governmental assist­ this carrier was authorized. In other dou0t as to the opinion of the commit­ ance in reconciling their differences. words, there is a Federal statute on the tee on this law and its operation. No The Federal Government desires, it is law books which states the United States means of reaching the Board officials my understanding, to foster industrial Navy can go ahead and build this great seemed to have been overlcK1ked. peace. The Federal Government desires ship. Now, I ask you, is there any law I believe that the fostering of police to :i:ninimize industrial strife. But its as­ which gives the Secretary of Defense, or committees which offer the possibility of sistance in attaining these aims is half­ any person,· the authority to nullify an interference with the other branches of hearted under the Taft-Hartley Act. For act of Congress and thereby show the our Government is contrary to the ef­ disputes arising under existing agree­ world disrespect of this great legislative fective organization of that Govern­ ments, the Federal Government may body? Is this a dictatorship or is this a ment. I believe that any committee come in as a last resort, or in exceptional Government of the people conducted by which functions as the Taft-Hartley cases. their representatives in Congress. Are watchdog committee functioned imperils The state of desperation should not be we selling out our freedom from within in basic aspects the liberty of our admin­ a condition precedent to Government aid or is this Nation going to remain a de­ istrative and judicial officers. in labor disputes even under existing mocracy? This act of the Secretary of H. R. 2032 does not provide for con­ agreements. An effective conciliation Defense shows most clearly that he has stant legislative scrutiny of the Labor service should assist the parties to a dis­ failed-and utterly failed-to consider Board activities. It does provide for co­ pute in developing and perfecting arbi­ this problem from all viewpoints. He has operative efforts by the various interests tration techniques when necessary at any injured most severely the morale of the of our country in improving the highly stage of disagreement. Such a service great United States Navy-the same important functions of labor-dispute can also give invaluable aid to the parties Navy that defeated Japan in the Pacific; machinery. These efforts would be di­ to a dispute in framing basic issues to be· the same Navy to which the great Japa­ rected to the prevention of labor dis­ decided by arbitration. These services nese Empire surrendered. He has dealt putes, as well as to the formulation of can be utilized before an impasse had a devastating blow to the national se­ policies and procedures most conducive been reached, whether the dispute in­ curity of the United States. to the peaceful settlement of disputes volves . an interpretation of an existing How about the representatives of the which do arise. Labor, managementt contract or otherwise. These services people? The Secretary of Defense by and the public would express their views could prevent an impasse with its unde­ this single-handed act of dictatorship on these subjects through representa­ sirable psychological influence and time­ has cast disrespect upon the leadership tion on labor advisory committees ap­ consuming effects. You will recall that of this Congress. I am just a woman, but pointed by the Secretary of Labor. These the United States Conciliation Service a woman interested in national defense, advisory committees would assist the when it was located in the Department a woman interested in our form of gov­ Secretary in administering the media­ of Labor successfully performed func­ ernment. If this Congress is to hold the tion and conciliation functions which tions relating to arbitration. respect of the people of this Nation-yes, would be restored to the Department of H. R. 2032 would remove the restraints if the freedom of this country is to sur­ Labor under the bill. The creation of on conciliation and mediation services vive, I appeal to this leadership to stand such committees would be a revival of a imposed by the Taft-Hartley Act. With­ up and fight. Join my voice and let the practice previously instituted by the Sec­ in the discretion of the Director of the Secretary of Defense know that Congress retary of Labor. You will recall that Conciliation Service, the facilities of such is still in operation and that Congress is the services of tripartite committees Service could be made available in any still the legislative body of this Nation were most advantageously utilized by the labor dispute. This bill would also re­ that determines policy, and that Con­ Secretary of Labor in behalf of the Con­ move the impediments regarding the role gress will not stand idly by and permit ciliation Service prior to the passage of of the Federal Government in arbitra­ any person in Government or out of Gov­ the Taft-Hartley Act. · tion. Assistance by the Service in con­ ernment to violate the authority of the Under the Taft-Hartley Act, the con­ nection with arbitration procedures people's representatives assembled. ciliation and the mediation functions of would be authorized whether the terms My fellow Members, this carrier was the Government which may be exercised of an existing agreement are an issue authorized by the President of the United by the Federal Mediation Service are re­ or not. The Service could once again States. The Pre~ident of the United stricted in several respects. These re­ function in the area of arbitration with­ . States told the Navy he approved of this strictions would be removed from the re­ out serious hindrance. This area is a ship and he wanted it constructed. Has constituted Conciliation Service under critical one. I believe that here the Fed­ he made any statement or taken any re­ H. R. 2032. In the first place, the as­ eral Government can perform a valuable sponsibility in this momentous auto­ sistance of the Service would not be pro­ service in stimulating industrial peace. cratic decision of the Secretary of De­ hibited in connection with any particular For this and other reasons I give H. R. fense? That is a question I should like class of cases. In the second place, it 2032 my hearty support. to have answered. would be able to assist freely in the set­ Mr. McCONNELL. ·Mr. Chairman, I My time is up. I appeal to you to read tlement of disputes involving existing yield 4 minutes to the gentlewoman from the article by Mr. David Lawrence, in­ agreements. Under the Taft-Hartley Massachusetts [Mrs. ROGERS]. cluded here in my rema.fks, and I appeal 5082 CONGRESSIONAL RECORD-. HOUSE APRIL. 26 to every Member here, if he believes in SULLIVAN'S SITUATION Federal Mediation and Conciliation the respect of Congress and 1n constitu­ It is difficult to see how Secretary Sullivan Service-to assist in the settlement of tional government, to rise up and.inform can continue in office or how any self-re­ labor disputes, provided machinery to the Secretary of Defense he has made a specting man can accept office as his suc­ function in connection with strikes im­ grave error and that it is the intention cessor if he is to learn of important deci­ sions affecting his department by reading periling the national health or safety, of Congress to correct that error. about them in the press. It is difficult to contained provisions for suits by or (From the Washington (D. C.) Star of April see how the Joint Chiefs of Staff 1s to func­ against labor organizations and provi­ 25, 1949) tion effectively hereafter without a specific sions for boycott and other unlawful JOHNSON SEEN DEFYING CONGRESS BY HALTING definition of its duties. For otherwise, the combinations, prohibited labor organ:.. WORK ON NEW CARRIER-UNIFICATION Navy head, for instance, will be called on to izations from making political contribu­ THREATENED BY LETI'ING Two SERVICES VETO decide how many tanks the Ground Forces tions, and created a Joint Congressional PROJECT. OF THIRD shall have and whether B-36's shall or shall Committee on Labor-Management to (By David Lawrence) not be built in quantity and other details of the weapons desired by other armed serv­ study the subject. Unification of the armed services-long ices with which the Navy is not familiar. On January 5, 1949, the President in sought by Congress and the American people his message on the State of the Union as a desirable objective-has just been dealt The vote by the JCS was two to one-with the Army and Air Force chiefs voting against stated that the Taft-Hartley Act should a devastating blow. be repealed an:d added: In defiance of the express authority of the Navy. Neither the Army chief nor Air Congress, the new Secretary of Defense, Force chief -had a top command in the Pacific The ·Wagner Act should be reenacted. Louis Johnson, has permitted two of the ·or saw a large-scale naval war. The car­ However, certain improvements, which I armed services to pair off against the other. rier problem is a technical matter in which recommended to the Congress 2 years ago, Instead of confining the Joint Chiefs of the Navy is expert. It won the war against are needed. Jurisdictional strikes and "Un· Staffs to the definition of functions and mis­ Japan largely by naval carrier action. justifiable secondary boycotts should be pro­ sions agreed upon in the famous Key West The only solution is to let each armed serv­ hibited. The :use of economic force to de­ document on joint operations, the Secretary ice specialize in its own way, each helping cide issues arising out of the interpretation last week asked the head of each service to the o~her on joint missions as worked out of existing contracts should be prevented. sit in judgment on what tools the other already in the famous Key West agreement Without endangering our democratic free­ services shall have to carry out their mis­ which was unanimous. This can be accom­ doms, means should be provided for set­ sions. It is a plain violation of the spirit of plished only if, after a lump sum is decided tling or preventing strikes in vital industries the Key West agreement. on as a to~al for all services, the right of which affect the public interest. This is what the decision to halt work on each service to use to the best of its ability The Department of Labor should be rebuilt the super aircraft carrier means. Twice the money allotted to it will not be im­ and strengthened and those units properly Congress had the matter up and authorized paired. If the Navy's appropriation had been belonging within that Department should the Navy to allocate its tonnage according to cut in half recently, it still would have pre­ be placed in it. its own best judgment. There ls no power ferred to develop the new aircraft carrier in any existing law which authorizes either because it believes that weapon is vital to The present Taft-Hartley Labor Act the President or the Secretary of Defense to naval operations and to antisubmarine war­ was conceived in a punitive spirit. It ignore the authorizations made by Congress fare. It is a sad and tragic story which is not fit for piecemeal correction. It is for the armed services. should be fully aired in Congress so that an o:ff ense to our democratic processes. Yet last week Secretary Johnson, in effect, the American people w111 know the whole The present labor law has not redu·ced put before the Joint Chiefs of Staff the ques­ truth. strikes. It has merely loaded the legal tion of whether the will o" Congress should Mr. KELLEY. Mr. Chairman, I yield scales against unions, it . has exposed be superseded. The Joint Chiefs of Staff met and decided to put its views in writing. such time as he may desire to the their treasuries to harassing suits. It Three letters were delivered to Secretary gentleman from Pennsylvania CMr. has had only a limited effect -on reduc­ Johnson on Saturday morning last and with­ BUCHANAN]. ing Communist i:r:i.fluence in unions. The in half an hour the decision of the Secretary Mr. BUCHANAN. Mr. Chairman, on non-Communist affidavit sections of the was given to the press-even before the head July 5, 1935, the Congress passed the act that have been introduced into our of the Navy, Admiral Louis Denfeld, knew National Labor Relations Act of 1935- law are a dangerous menace and. a defi­ about Mr. Johnson's decision. the so-called Wagner Act. The stated nite threat to our liberties. · NO CONSULTATIONS HELD purpose of that act was to diminish the The proposed _bill , 473). Referred to the Committee of the be clearly in the national interest. the House adjourned until tomorrow, Whole House. For all of these reasons, I earnestly Wednesday, April 27, 1949, at 12 o'clock Mr. FEIGHAN: Committee on the Judi­ call upon the Members of this House to noon. ciary. H. R. 1303. A bill for the relief of Dr. brush aside the last-minute substitute Elias Stavropoulos, his wife, and daughter; proposals of those who wish to nullify EXE'CUTIVE COMMUNICATIONS, ETC. with amendments (Rept. No. 474). Referred the popular will and I strongly urge that to the Committee of the Whole House. Under clause 2 of rule XXIV, executive Mr. WALTER: Committee on the Judiciary. the Members proceed as promptly as pos­ communications were taken from the H. R. 3458. A b111 for the relief of Celeste sible to the passage of the constructive, Speaker's table and referred as follows: Iris Maeda; without amendment (Rept. No. honest, and fair Lesinski bill. 563. A letter from the Secretary of De­ 475). Referred to the Committee of the Mr. LESINSKI. Mr. Chairman, I fense, transmitting a letter by the Secretary Whole House. move that the Committee do now rise. of the Army recommending enactment of a Mr. FEIGHAN: Committee on the Judi­ . The motion was agreed to. proposed draft of legislation entitled "A bill ciary. H. R. 3467. A b111 for the relief of Accordingly the Committee rose; and to provide for certain adjustments on the Franz Eugene Laub; without amendment the Speaker having resumed the chair, promotion list of the Medical Service Corps (Rept. No. 476). Referred to the Committee Mr. CooPER, Chairman of the Commit­ of the Regular Army"; to the Committee on of the Whole House. tee of the Whole House on the State Armed Services. Mr. WALTER: Committee on the Judiciary. 564. A letter from the Attorney General, H. R. 3497. A bill conferring United States of the Union, reported that that Com­ citizenship posthumously upon Vasa B. mittee, having had under consideration transmitting the voluntary plan for the allo­ cation of steel products for the requirements Benderach; without amendment (Rept. No. the bill (H. R. 2032) to repeal the Labor­ of Federal aeronautical agencies; to the Com­ 477). Referred to the Committee of the Management Relations Act, 1947, to re­ mittee on Banking and Currency. Whole House. enact the National Labor Relations Act 565. A letter from the Attorney General, of 1935, and for other purposes, had come transmitting the-voluntary plan for the allo• PUBLIC BILLS AND RESOLUTIONS to no resolution thereon. cation of steel products for baseboard radia­ CHANGE OF VOTE tion; to the Committee on Banking and Under clause 3 of rule XXII, public Currency. bills and resolutions were introduced and · Mr. WIER. Mr. Speaker, on the roll­ severally referred as follows: · call vote today on the rule, under mis­ By Mr. BROWN of Ohiot .. apprehension and misinformation, I REPORTS OF COMMITTEES ON PUBLIO BILLS AND RESOLUTIONS H. R. 4346. A bill to provide Federal aid voted "nay." I ask unanimous consent to the States for the contruction of publio that the RECORD show I intended to vote Under clause 2 of rule XIII, reports of school facllities; to the Committee on Edu­ "aye." committees were delivered to the Clerk cation and ~abor. 1949 CONGRESSIONAL RECORD-HOUSE 5087 By Mr. CAVALCANTE: city. and county of San Francisco;. to the relative to making a full and thorough in­ H. R. 4347. A bill to amend the Nationality Committee on Armed Services. vestigation of the possibilities of obtaining Act of 1940 to permit certain former citizens By Mr. WILSON of· Oklahoma: for the State of Colorado. a liquid-fuel plant of the United States to regain their citizen­ H. R. 4361. A b111 to supplement the- Fed-_ or plants; to the Committee on Public Lands. ship; to the Committee on the Judiciary. eral-Aid Act approved July 11, 1916, as Also, memorial of the Legislature of the By Mr. JOHNSON: amended and supplemented, . to authorize State of Iowa, memorializing the President H. R. 4348. A bill to establish a Federal regular appropriations for the construction and the Congress of the United States to Commission on Services for the Physically of rural local roads, and for other purposes; require price support of eggs at the top grade, Handicapped, to define its duties, and for to the Committee on Public Works. including frozen and shell eggs, with deduc­ other purposes; to the Committee on Educa­ By Mr. BRAMBLETT: . tions for under-grade eggs, and to eliminate tion and Labor. , H. R. 4362. A blll providing for the convey­ the present practice of supporting only the By Mr. MILLER of Nebraska (by re­ ance to the Franciscan Fathers of California price of dry eggs; to the Committee on Agri­ quest): approximately 40 acres of land located on cUlture. H. R . 4349. A bill to provide that unclaim­ the Hunter Liggett Military Reservation, Also, memorial of the Legislature of the ed animals lawfully impounded in the Dis­ Monterey County, Calif.; to the Committee State of Iowa, memorializing the President trict of Columbia be made available to edu­ on Armed Services. and the Congress of the United States to en­ cat ional, scientific, and governmental insti­ By Mr. KEOGH: act the necessary legislation to return the tutions licensed under this.act shall be made H. J. Res. 229. Joint resolution proposing grounds and buildings of the Fort Des Moines available for scientific purposes; to the Com­ an amendment to the Constitution to em­ Army post to the State of Iowa; to the Com­ mittee on the District of Columbia. power Congress to regulate the use and mittee on Armed Services. . By Mr. SMITH of Virginia: ownership of trade-marks; to the Commit­ Also, memorial of the _Legislature of the H. R. 4350. A bill to name the twin high­ tee on the Judiciary. State of Maine, memorializing the President way bridges over the Potomac River in the By Mr. DENTON: and the Congress of the United States to District of Columbia the "George Washing­ H. Res. 194. Resolution for the relief of oppose au legislation designed to establish ton Memorial Bridge" and the "Thomas Jef­ Mrs. Mary Leimgruber; to the Committee on a single Federal Reserve force and to retain ferson Memorial Bridge"; to the Committee House Administration. intact the National Guard as it is now organ­ on the District of Columbia. By Mr. WHEELER: ized, thus reserving to the States the con­ By Mr. STOCKMAN: H. Res. 195. Resolution for the relief of trols provided by the Constitution and in­ H. R. 4351. A bill authorizing and direct.. Doris Batey Cox; to the Committee on House suring that the National Guard will be at ing the Secretary of War to convey to the Administration. the disposal Of the State in time Of peace; to port of Cascade Locks, Oreg., certain lands the Committee on Armed Services. for municipal or port purposes; to the Com­ MEMORIALS Also, memorial of the Legislature of the mittee on Armed Services. State of Massachusetts, urging prevention of By Mr. COUDERT: Under clause 3 of rule XXII, memori­ eviction of veterans and their families from H. R. 4352. A bill to provide for the gen­ als were presented and referred as fol­ Devencrest in the town of Ayer; to the Com­ eral welfare by enabling the several States lows: mittee on Armed Services. to make more adequate provision for the By the SPEAKER: Memorial of the Legis­ Also, memorial of the Legislature -0f the health of schbol children through the de­ lature of the State of Arizona, memorializing State of Massachusetts, urging enactment of 'Velopment of school health services for the the President and the Congress of the United legislation to provide compensation for em­ . prevention, diagnosis, and treatment of £ ';ates relative to appropriations for the ployees Of the Division Of Employment Se­ physical and mental defects and conditions; propagation of fish in Arizona; to the Cbm- curity of Massachusetts for certain services to the Committee on Interstate and Foreign mittee on Appropriations. · rendered by them to the Federal Gov.ernment; Commerce. Also, memorial of the Legislature of the to the Committee on Post Office and Civil By Mr. MORRIS (by request): State of California, memorializing the Pres­ Service. H. R. 4353. A bill to amend section 2 of the ident and the Congress of the United States Also, memorial of the Legislature of the act of January 29, 1942 (56 Stat. 21), relating to appropriate the full $250;000 recom­ State of Michigan, protesting the action of to the refund of taxes illegally paid by In­ mended by t.'J.e budget for the fiscal year end­ Gen. Lucius D. Clay in commuting the sen­ dian citizens; to the Committee on Public ing June 30, 1950, and that thereafter a min­ tence of· Ilse Koch and requesting the proper Lands. · imum of at least $250,000 be provided an­ authorities in Washington to have the mat­ By Mr. CELLER: nually in the appropriations to the Depart­ ter reviewed in order that the ends of justice H. R. 4354. A bill to amend the Nationality ment of the Interior until the current con­ may be served; to the Committee on Armed Act of 1940; to the Committee on the Judi­ ditions have been corrected; to the Commit­ Services. ciary. tee on Appropriations. Also, memorial of the Legislature of the By Mr. HERLONG: Also, memorial of the Legislature of the State of Michigan, memorializing the Presi­ H. R. 4355. A bill to provide for lump-sum State of California, memorializing the Pres­ dent and the Congress of the United States payments to certain Reserve officers assigned ident and the Congress of the United States to direct the United States mint to strike off to duty as naval air navigators or naval air relative to the work of Dr. Ralph Johnson a commemorative silver half dollar in com­ observers, and for other purposes; to the Bunche in bringing about a peaceful settle­ memoration of a century of railroad opera­ Committee on .Armed Services. ment of the Arabian-Israeli dispute; to the tion out of Chicago, Ill.; to the Committee By Mr. KEARNS: Committee on Foreign Affairs. on Banking and Currency. H. R. 4356. A bill to make it an offense Also, memorial of the Legislature of the Also, memorial of the Legislature of the against the United States to use the flag of St ate of California, memorializing the Pres- State of Minnesota, memorializing the Presi­ the United States for advertising purposes, . ident and the Congress of the United States dent and the Congress of the United States or to mutilate, defile, or cast contempt upon relative to Senate Joint Resolutions 7 and to extend the rights and privileges of vet­ the flag of the United States; to the Com­ 21, to enact legislation relating to the dis­ erans of World War II under title V of the mittee on the Judiciary. · posal of temporary housing; and memorializ­ Servicemen's Readjustment Act of 1944; to By Mr. STIGLER: ing the Federal Department of the Interior the Committee on Veterans' Affairs. H. R. 4357. A bill to authorize the Secretary and the Bureau of Reclamation of the Fed­ Also, memorial of the Legislature of the of the Interior to procure by contract in the eral Government in relation to reimbursing State of Minnesota, memorializing the Presi­ open market and in the manner common the State of California and the reconstruc­ dent and the Congress of the United States among businessmen, the services of engi­ tion of flood-control works on the Sacra­ to repeal section 1650 of the Internal Reve­ neers, engineering associations, or organiza­ mento River; to the Committee on Public nue Code, relating to excise taxes on furs, tions needed or required in connection with Lands. and to amend H. R. 1211 to provide suitable the acquisition or construction· of public Also, memorial of the Legislature of the import quotas on furs to protect the domes­ works; to the Committee on Public Lands. State of Colorado, memorializing the Presi­ tic producer; to the Committ ee on Ways and By Mr. WINSTEAD: dent and the Congress of the United States Means. H. R. 4358. A bill to authorize the use of to enact into law S. 529, which provides for Also, memorial of the Legislature of the oleomargarine by the armed forces; to the the establishment of a Veterans' Employ­ State of Missouri, memorializing the Presi­ Committee on Armed Services. ment and National Economic Development dent and the Congress of the United States By Mr. BEALL: Corporation; to the Committee on Banking relative to condemning the report of the H. R. 4359. A bill to amend Public Law 702, and Currency. Committee on Civilian Components recom­ Eightieth Congress, to extend assistance to Also, memorial of the Legislature of the mending the establishment of a single Fed­ veterans with certain service-connected dis­ State of Colorado, memorializing the Presi­ eral Reserve or militia as unconstitutional, ability, involving the loss of both lower ex­ dent and the Congress of the United States . and to resist ·this effort to centralize the tremities, in acquiring specially adapted to enact into law H. R. 1549, which provides military power in Washington; to the Com­ housing which they require by reason of the aid and assistance for veterans in the settle­ mittee on Armed Services. nature of their service-connected disability; ment of Alaska; to the Committee on Public Also, memorial of the Legislature of tha to the Committee on Veterans' Affairs. Lands. State of New York, memorializing the Presi­ By Mr. WELCH of California: Also, memorial of the Legislature of the dent and the Congress of the United Stateia H. R. 4360. A bill authorizing the Secretary State of Colorado, memorializing the Presi­ to pass appropriate legislation effecting th4:1 of the Army to convey certain lands to the dent and the C?ngress of the United States disclosure to the tax administrators of the XCV--821 5088 CONGRESSIONAL RECORD-SENATE APRIL 27 States taxing cigarettes by shippers thereof PRIVATE BILLS AND RESOLUTIONS ing the establishment of October 11 of in non-cigarette-taxing States of shipments each year as General Pulaski's Memorial Day; of cigarettes to other than State-licensed Under clause 1 of rule XXII, private to the Committee on the Judiciary. distributors in cigarette-taxing States; to the bills i:md resolutions were introduced and 657. By Mr. MARTIN of Massachusetts: Committee on Ways and Means. severally referred as follows: Memorial of the General Court of Massachu­ Also, memorial of the Legislature of the By Mr. AUCHINCLOSS: setts; urging prevention of eviction of vet­ State of New York, memorializing the Presi­ H. R. 4363. A bill for the relief of Nora erans and their families from Devencrest in dent and the Congress of the United States Toma Trabilsy; · to the Committee on the the town of Ayer; to the Committee on Armed to pass appropriate legislation effecting the Judiciary. Services. disclosure to the tax administrators of the By Mr. BURLESON: . 658. Also, memorial of the General Court States taxing cigarettes by shippers thereof H. R. 4364. A bill for the relief of Mrs. of Massachusetts, urging enactment of leg­ in non-cigarette-taxing States of shipments Clarence F. Moore, John Robert Lusk 3d, islation to provide compensation for eIJl.­ of cigarettes to other than State-licensed J . R. Lusk, Sr., Gertrude Elizabeth Lusk, Mrs. ployees of the Division of Employment Se­ distributors in cigarette-taxing States; to the W1llie Pruitt, and Mrs. Billie John Bickle; curity of Massachusetts for certain services Committee on Ways and Means. to the Committee on the Judiciary. rendered by them to the Federal Govern­ Also, memorial of the Legislature of the By Mr. COUDERT: ment; to the Committee on Post Office and State of Oklahoma, memorializing the Presi­ H. R. 4365. A bill for the relief of Fe'R. Civil Service. dent and the Congress of the United States Dumaguing; to the Committee on the Judi­ 659. By Mr. MURDOCK: Memorial of the to provide funds for carrying out and per­ ciary. forming items 1 to 13, inclusive, of the in­ Arizona House of Representatives, relating By Mr. DURHAM: to the propagation of fish; to the Committee terim survey report for the Arkansas River H. R. 4366. A bill for the relief of Pearson on Appropriations. and tributaries of ·the lower Arkansas River Remedy Co.; to the Committee on the Judi- watershed made by the Soil Conservation 1 660. Also, memorial of the mayor and City ciary. Council of the city of Mesa, Ariz., memorial­ Service in conjunction with the United States By Mr. GWINN: Forest Service; to the Committee on Appro­ izing the Congress to pass, and the President H. R. 4367. A bill to authorize the cancel­ to approve, the General Pulaski's Memorial priations. lation of deportation proceedings in the case Also, memorial of the Legislature of the Day resolution now pending in Congress; to of Jose Joao Santo; to the Committee on the the Committee on the Judiciary. State of Oregon, memorializing the Presi­ Judiciary. dent and the Congress of the United States H. R. 4368. A bill to authorize the cancel­ 661. By Mr. NELSON·: Memorial of the relative to keeping the National Guard of lation of deportation proceedings in the case Senate and House of Representatives of the the United States intact; to the Committee of Jose Casimero; to the Committee on the State of Maine, opposing all legislation de­ · on Armed Services. Judiciary. signed to establish a single Federal Reserve Also, memoria~ of the Legislature of the By Mr. HERLONG:- force, and to retain the National Guard as State of Oregon, memorializing the President · H. R. 4369. A bill for the relief of Eugene F. it is now organized; to the Committee on and the Congress of the United States to Edwards; to the Committee on the Judiciary. Armed Services. enact legislation and to make appropriations By Mr. HERTER: 662. By Mr. RICH: Petition of Dr. Harvey for the, development of a harbor suitable and H. R. 4370. A bill for the relief of May L. Zwald and citizens of Eldred; McKean sufficient for ocean shipping at the mouth of Hosken; to the Committee on the Judiciary. County, Pa., urging repeal of the 20-percent the Rogue River on the Oregon coast in Curry By Mr. McDONOUGH: excise tax on toilet goods; to the Committee County, Oreg.; to the Committee on Public H. R. 4371. A bill for the relief of Shiro on Ways and Means. Works. Takemura; to the Committee on the Judici­ 663. By the SPEAKER: ~ Petition Of the . Also, memorial of the Legislature of the ary. president, Fifth Congressional District Con­ State of Tennessee, memorializing the Presi­ By Mr. MILLER of California: ference of Townsend Clubs, Sanford, Fla., dent and the Congress of the United States H. R. 4372. A bill for the relief of Berna­ requesting passage of H. R. 2135 and 2136, to enact a bill requiring shippers of cigarettes dette Jones Marchbanks; to the Committee known as the Townsend plan; to the Com­ in interstate commerce to furnish to the on the Judiciary. mittee on Ways and Means taxing authority of the State to which By Mr. NIXON: 664. Also petition of Mrs·. Fannie E. Thomas shipped a copy of the invoice on each ship­ H. R. 4373. A bill for the relief of Ray. G. and others, Tampa, Fla., requesting passage ment; to the Committee on Ways and Means. Schneyer and Dorothy J. Schneyer; to the of H. R. 2135 and 2136, known as the Town­ Also, memorial of the Legislature of the Committee on the Judiciary. send plan; to the Committee on Ways and Territory of Alaska, memorializing the Presi­ By Mr. O'TOOLE: Means. dent and the Congress of the United States H. R. 4374. A bill for the relief cf Filipe relative to urging appropriation of Federal Guerreiro; to the Committee on the Judiciary. funds to assist in Ketchikan road project; By Mr. JOSEPH L. PFEIFER: to the Committee on Appropriations. H. R. 4375. A bill for the relief of Michele SENATE Also, memorial of the Legislature of the Belardi; to the Committee on the Judiciary. Territory of Alaska, memorializing the Presi­ By Mr. PHILLIPS of California: WEDNESDAY, APRIL 27, 1949 dent and the Congress of the United States H. R. 4376. A bill for the relief of Mrs. relative to requesting legislation to give the Anna M. D. Broughton; to the Committee