S5218 CONGRESSIONAL RECORD — SENATE June 3, 1997 memories. During the course of my Mr. BAUCUS. Mr. President, I rise ers need time for their families. And tenure, I have had the privilege of serv- today to speak on the Baucus-Kerrey- that is why we need to make sure that ing with some of the truly great figures Landrieu substitute amendment to every household can choose how to use in the history of this Body. I have been Senator ASHCROFT’s comptime bill. their time and money. fortunate to make many good friends The Fair Labor Standards Act is a There are three clear reasons why my through my service in the Senate. I am set of laws that Congress enacted some colleagues should vote for the sub- often asked how I want to be remem- 60 years ago to protect the American stitute amendment offered by myself, bered, and my answer today is the worker from abuse in the workplace. Senator KERREY from Nebraska, and same as it was in 1954, or would have These laws do a good job to make sure Senator LANDRIEU. First, our amend- been in 1923—for being an honest, patri- that our country’s greatest asset, our ment will allow employees the final otic, and helpful person. I would like to work force, is protected. They put a choice on when and how they will use be remembered as one who cares; cares halt to child labor. They established a their overtime. Whether it is time or for his family, his friends, and cares for 40-hour workweek. And they set up the money, the worker gets the choice. his Nation. concept of pay and a half for overtime. That is very important. Though I look forward to completing Under these laws, our country has Senator ASHCROFT’s bill leaves the this term, when I finally retire in 2002, grown and thrived, and, by and large, final decision on how you spend your I hope that if I leave any legacy, it is our workers are protected from ex- time with the employer. Their bill has that answering the call of public serv- travagant abuses. no protection for the worker. In fact, it ice is an honorable and worthy voca- However, our society has changed a would allow an employer to discrimi- tion. It is only through the efforts of great deal since Congress enacted that nate against a worker who chooses to men and women, regardless of their po- landmark legislation. We have more take money for their overtime. That is litical ideology, who believe in working families where both parents hold down just not fair. for the greater good that we will be full-time jobs. We have more single- The second difference is that our able to assure that the United States parent households. And for everyone it amendment does not tamper with the remains a bastion of freedom, justice, seems as if their dollar does not buy as 40-hour workweek. If you work more and hope. much as it used to. than 40 hours in a week, you are enti- In closing, I wish to thank my col- All that means longer hours on the tled to time-and-a-half pay. That is the leagues for their beautiful words con- job, which, in turn, leads to less time way it has always been under the Fair cerning my public service. It has been spent with the family. Today’s parents Labor Standards Act. Americans over- a privilege to serve with such able dedi- find themselves caught in a tightrope whelmingly support the 40-hour work- cated, and wonderful people. I thank act as they try to balance the needs of week, and we ought to preserve it. them for their many courtesies. God their families with the demands of Under Senator ASHCROFT’s bill, a bless this magnificent body and the their jobs, and that just is not fair. worker could log 60 hours in 1 week and United States of America. I believe we are in a position to help not qualify for 1 minute of overtime. The PRESIDING OFFICER. The Sen- them. That does not mean we should go For over 60 years, we have told our em- ator from North Carolina. about dismantling the protections on ployees that if they worked hard and Mr. HELMS. Mr. President, I thank which our workers have come to rely. did a good job, they would be rewarded. the Chair. That is what some provisions of Sen- Under this bill, we are reneging on that (The remarks of Mr. HELMS pertain- ator ASHCROFT’s bill will do, and I promise. The result is a pay cut for ing to the introduction of Senate Joint think that is the wrong path. America’s workers. Resolution 31 are located in today’s Instead, we must adapt our labor And finally, the third reason my col- RECORD under ‘‘Statements on Intro- laws to maintain the protections that leagues should support the substitute duced Bills and Joint Resolutions.’’) are so necessary while making it pos- is that President Clinton has said he f sible for our workers to have some would sign our amendment, and he has flexibility. That is the right path. That said he would veto the other comptime RECESS is why my colleagues must support our bill. So if we are truly interested in The PRESIDING OFFICER. The Sen- substitute amendment. giving workers flexibility in passing ate will stand in recess. In Montana, I meet a lot of hard- the comptime bill, we must support, I Thereupon, the Senate, at 1:23 p.m., working people. One thing they tell me believe, our amendment. It is the only recessed until 2:16 p.m.; whereupon, the time and time again is they need more chance for a meaningful reform this Senate reassembled when called to flexibility in their work schedules. year. order by the Presiding Officer (Mr. They need to be able to choose between Look, I think most Senators agree HAGEL). earning time-and-a-half pay for their we need comptime. It is a good idea f overtime or taking that time in the whose time has come. Yet, there are form of vacation. This choice would two ideas of how to get it done. One FAMILY FRIENDLY WORKPLACE allow workers to either put aside a lit- would take away workers’ choice, end ACT tle extra money or take some time to the 40-hour workweek, and is headed The PRESIDING OFFICER. The Sen- be with their families. toward a certain Presidential veto. The ate will now resume consideration of S. One area where the effects of this other, our substitute, lets workers de- 4, which the clerk will report. flexibility will be greatly felt is edu- cide how to use their overtime, main- The legislative clerk read as follows:. cation. You see, in Montana, we pride tains the 40-hour workweek and will A bill (S. 4) to amend the Fair Labor ourselves on the quality education we become law if we pass it. Our amend- Standards Act of 1938 to provide to private provide our children. And we have done ment I think is the more reasonable sector employees the same opportunities for a pretty good job. One key to our suc- choice. time-and-a-half compensatory time off, bi- cess is parental involvement in their So if you are really interested in weekly work programs, and flexible credit kids’ education. That means taking passing a comptime bill, this is the hour programs as Federal employees cur- rently enjoy to help balance the demands time to meet with teachers, helping time and our proposal is the bill. I urge and needs of work and family, to clarify the out on homework and participating in my colleagues to vote in favor of the provisions relating to exemptions of certain extracurricular activities. Baucus-Kerrey-Landrieu substitute professionals from the minimum wage and The Baucus-Kerrey-Landrieu amend- amendment to the comptime bill. overtime requirements of the Fair Labor ment will allow parents to freely Mr. President, I yield my time, and I Standards Act of 1938, and for other pur- choose how and when they use their also thank the manager of the bill for poses. overtime so that parents can again be his indulgence. The Senate resumed consideration of part of their children’s lives. Mr. D’AMATO addressed the Chair. the bill. At the same time, I know every fam- The PRESIDING OFFICER. The Sen- Mr. BAUCUS addressed the Chair. ily is different and their needs vary ator from New York. The PRESIDING OFFICER. The Sen- greatly. Lots of folks depend on a little Mr. D’AMATO. Mr. President, I ask ator from Montana. extra money to make ends meet. Oth- that I might be permitted to proceed June 3, 1997 CONGRESSIONAL RECORD — SENATE S5219 for up to 10 minutes as if in morning released by the Union Bank and the po- In the letter the prosecutor says, ba- business. lice authorities. sically, that ‘‘we intend,’’ and I quote, The PRESIDING OFFICER. Without I have just recently written to the ‘‘to bring a charge’’ against Mr. Meili. objection, it is so ordered. local prosecutor, and in that letter of They are going to charge Mr. Meili Mr. D’AMATO. Mr. President, first of May 15 I said, basically, are you still with criminal conduct, not the bank all, let me thank Senator HUTCHINSON threatening to prosecute Mr. Meili? I which shredded the records. And they for being so gracious in permitting me ask that the full text of that letter be want Mr. Meili to come back to Swit- this opportunity because I know he had printed in the RECORD. zerland for another interview. Mr. asked to speak earlier. There being no objection, the letter Meili’s lawyer, Mr. Bosonnet, writing f was ordered to be printed in the to a lawyer who is representing Mr. RECORD, as follows: Meili because Mr. Meili is here in hid- VIOLATION OF SWISS BANK U.S. SENATE, COMMITTEE ON BANK- ing, has advised him not to come back SECRECY LAWS ING, HOUSING, AND URBAN AF- to Switzerland because he would face Mr. D’AMATO. Mr. President, I rise FAIRS, not only persecution but prosecution Washington, DC, May 15, 1997. today to discuss the case of Christoph and harassment. Mr. PETER COSANDEY, Meili. He is a heroic young Swiss bank Now, Mr. President, it is one thing guard, 27 years of age, who stumbled on District Attorney of the Canton Zurich, Zurich, Switzerland. for the Swiss Government to say, ‘‘Do a situation that was rather remark- DEAR MR. COSANDEY: This letter concerns not blame us for what took place 50 able. It was the shredding this past Mr. Christoph Meili, the former bank secu- years ago’’, and another thing to say, January of historical documents at rity guard who discovered the shredding of ‘‘Well, what we are doing today is cor- Union Bank of Switzerland, one of Holocaust-era documents at the Union Bank rect.’’ I say to the Swiss Government Switzerland’s largest, most prestigious of Switzerland in Zurich and who is cur- and to the Swiss banks, do not shred banks. He noted that these records rently being investigated by your office for violation of Swiss bank secrecy laws. the truth. Tell the truth. Mr. Meili dated during the period of the Holo- As you are probably aware Mr. Meili has should not be facing criminal charges caust, prior to and during World War recently testified before the Senate Banking for coming forward. II, and he knew that the Government Committee in Washington, D.C., in reference Let me share with you, if I might, of Switzerland had just passed legisla- to his discovery of the shredding of valuable what I learned just before we ad- tion prohibiting destruction of just archival documents by the Union Bank of journed. And, by the way, I commend these types of records. He took a hand- Switzerland. He told of his firing by his em- my colleagues in the Senate for passing ful of these records and brought them ployer Wache A.G., even after I received per- sonal assurances from Ambassador Thomas the bill which will give to Mr. Meili re- to the Jewish Cultural Society. They Borer that this would not take place. Mr. lief, a private relief bill which will per- then passed them on to the police— Meili stated that this firing has left him mit him and his family to reside in this never went to the media. The records penniless and has placed terrible financial country legally and to be able to be were never copied. They were never in strains upon himself and his family. As you gainfully employed. That legislation is any way compromised. are undoubtedly aware Mr. Meili has a wife now pending action in the House. But For his bravery, for standing up and and two young children that he must now let me say to you that I think all of us doing the right thing, he has been fired somehow support. Mr. Meili also testified of his hours of in- were moved when we heard the testi- from his job. In his termination letter, tense interrogation by Swiss officials and mony of Mr. Meili. Mr. Meile was told that although his their silence as to the status of their inves- I said to him, ‘‘Christoph, why did conduct was ‘‘classified as ethical and tigation. Mr. Meili also testified that Swiss you do this? Why did you take these moral in certain circles,’’ his actions officials have yet to provide him with copies documents and report and expose what were unjustifiable from the perspective of the archival documents that he saved was going on?’’ of labor law. from destruction. Mr. Meili also stated that Do you know what he said? He said, Can you imagine that. He saw the he fears for his life and the life of his wife ‘‘Two months earlier I saw ‘Schindler’s and infant children. He stated that both he law being violated. He knew that these and the members of his family have received List,’ and I knew that I must be doing documents were of import, and he was numerous threats against their lives. His something, and I could not just stand fired. Here is a noble young man who children have been threatened with kidnap- by and let this take place.’’ risked everything, a humble man, a ing and he has been told that ‘‘their ransoms So I say to my colleagues in the Sen- high school education, with a wife and could be paid from monies belonging to the ate and in the House, can we do any- two children. What happened? He is Jewish community.’’ This is unconscionable. thing less than to ask for speedy pas- called a traitor to his country. His wife He also feels that he has been ‘‘black-list- sage of that legislation that will give ed’’ by the Swiss banking community and Christoph the right to work and live and children are threatened. Hundreds will have great difficulty in securing gainful of letters pour in. employment in Switzerland. Mr. Meili here in this great country, to tell him Let me read one letter, and it is a should be treated as a hero not as a criminal. that we do appreciate his standing up tough letter. And I have seen many of It is within this light that I now ask you to for truth and justice, and also to let these: end your harassment of Mr. Meili. You do the Swiss Government know in the Meile, you bastard. The secret numbered both your office, Mr. Meili and the citizens strongest terms that we are not going account won’t do you any good. You are a of Switzerland a great injustice in continu- to stand by and do business as usual. son of a bitch, a traitor to your country. It ing your present course of action. The Union We are not going to allow them to har- will cost you your life. Your children are in Bank of Switzerland should be the subject of ass this young man, because this pros- danger. We will kidnap them and make sure your investigation, not Mr. Meili. In closing, I would also be most interested ecutor is way off base. If anything, he that you pay the ransom with your Jewish should be investigating the destruction money. We’ll finish you off. We’re going to in finding out what action your office has wipe out the entire Meile clan. Traitors like taken against Mr. Erwin Hagenmuller, the of those historical documents by the you are not wanted. If you have any courage, Archivist for the Union Bank of Switzerland Union Bank, documents that existed in you’ll kill yourself or emigrate into the who ordered the shredding of archival docu- some cases for more than 60 years. Sud- promised land to your Jewish friends—to Is- ments even though recently enacted Swiss denly they say they began to destroy rael or the U.S. You won’t live much longer law prohibits such willful destruction. Was a them by accident. I do not believe it. It in Switzerland if you don’t kill yourself. report filed by the Union Bank of Switzer- land in reference to Mr. Hagenmuller’s ac- also raises in this Senator’s mind the That is the kind of thing he has been tions? If so, could a copy of the report be for- question of how historical documents subjected to. This brave, courageous warded to the Committee for review? that have been stored in warehouses and righteous young man finds himself Respectfully, belonging to some of the banking insti- terminated from employment, ALFONSE M. D’AMATO, tutions mysteriously have caught on blacklisted. Chairman. fire. I’m talking about four different The chairman of the board of Union Mr. D’AMATO. I did not receive a di- warehouses in this country, the latest Bank, Mr. Studer says that he thinks rect reply, but let me tell you what I being in New Jersey, concerning docu- Mr. Meili did this to get money. Now, did get just yesterday. I received a let- ments that belonged to Credit Suisse. let me say something. Mr. Meili did not ter from Mr. Meile’s attorney, Marcel I wonder how it is that shredding go to the press. This information was Bosonnet. takes place after 60 years by accident.