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I am certain, Mr. Chairman, that in the final draft of S. 2485 with the additional proposed amendments and recommendations of those interested parties represented, the employees covered by the Federal Longshoremen's and Harbor Workers Compensation Act will finally obtain improved monetary compensation and additional benefits that with its final passage into law, and when it is promulgated, I believe will be based on humanitarian concepts and principles commensurate with the needs of those who are affected, and those who deserve providing an adequate and necessary amount of compensation and benefits for those employees covered under the act, who unfortunately sustained disabling injuries during the course of their employment, so that during the period of human suffering, hardship, and duress, they and their dependents may live in dignity and respect. In the event of a fatality, the widow or widower and dependent children will have the necessary compensation and benefits in order that they may continue to live in dignity and respect.

Thank you, Mr. Chairman.

Senator MORSE. Mr. Cummings, on behalf of the committee, I thank you. We are glad to have this statement as part of the record and very glad to receive whatever supplemental memorandum you wish to file in support of the various contentions set forth in your statement.

Before I recess the hearings, subject to the call of the chairman, the Chair wishes the record to contain the following instructions:

One, all parties to the hearing are welcome to submit between now and January 5 whatever supplemental statements they wish to make bearing upon the testimony they have already given.

Second, counsel of the committee will maintain communication with the parties to this hearing so that they have adequate advance notice as to the dates that will be set for the next hearing.

Third, subject to final action by the subcommittee, I think notice should be given today, as the acting chairman has already indicated, that when the committee reconvenes, in all probability we will reconvene for hearings on the west coast. If the facts would seem to warrant it, depending upon the amount of testimony that needs to be taken, we do not exclude the probability of hearings on the east and gulf coasts.

Forth, the record should show that it is the present intention of the committee to close these hearings by January 15 so that the committee can go into the markup stage on the bill and have our work at least in executive session completed by the time that the House proceeds in February to give consideration to the bill.

We want the parties to know that they will be given a period of time following the closing of the public hearings to file rebuttal statements that they may wish to file after their analysis of the transcript of record.

With those instructions in the record, the acting chairman declares these hearings in recess, subject to the call of the chairman of the subcommitee, and I want to thank you all.

(Whereupon, at 2:20 p.m., the subcommittee recessed, subject to the call of the Chair.)





Portland, Oreg. The subcommittee met at 10:30 a.m., pursuant to recess, in the Department of Interior Auditorium, Senator Ralph Yarborough (chairman of the subcommittee) presiding:

Members present : Senators Yarborough and Morse.

Committee staff members present: John S. Forsythe, General Counsel to the Committee, Robert O. Harris, counsel to the subcommittee; Eugene Mittelman, minority counsel; and Peter C. Benedict, minority labor counsel.

Senator YARBOROUGH. The Subcommittee on Labor of the Committee on Labor and Public Welfare will come to order. The hearing will be resumed on S. 2485, a bill to amend the Longshoremen's and Harbor Workers' Compensation Act.

We held hearings on this bill in Washington last November. As author of the bill, which we are joined in by Senator Morse of Oregon, I had hoped to complete those hearings last year. Most of the witnesses scheduled to appear today were scheduled to testify in Washington last year, but due to the press of Senate business as we worked to the end of that session, in our efforts to close the session down before Christmas, we were forced to postpone the hearings at which you were scheduled to testify. I hope this delay has not inconvenienced you but rather has enabled you to read over the statements of the earlier witnesses so that you can add to this committee's information on this subject without having to cover the saine ground again.

After we postponed the hearings there was strong request from the interests on the west coast that hearings be held on the west coast so all of these witnesses would not have to come back to Washington again, and for that reason the hearing was called on the west coast. We intend to hear from all the interested persons on the west coast while we are here these 2 days, and hope to explore any special problems that you have that may be unique to this area, because we were told one reason for the appeal for hearing here was that the west coast problems were unique and unlike those of the gulf coast or Atlantic ports.

Before hearing from the first witness scheduled today, Mr. Farr, I want to say how happy I am to be here in Portland, Oregon, and to have at my side here one of the acknowledged labor law experts of the country, the best expert on labor law in the U.S. Senate, Senator Wayne Morse. I have been a member of the Labor and Public Welfare Committee of the U.S. Senate for some 10 years. It has been a great privilege on that committee to be at the side of a person who knows the law, who has gone to a great law school. He served on the Manpower Board in World War II where his job was to keep production flowing in America and work with both labor and management to turn out the goods of war in that gigantic war where we had 16 million people in uniform. He has been an arbitrator. He has been an adviser for labor matters for four different Presidents. His wisdom and experience have been invaluable to me as chairman of the Labor Subcommittee. He has helped on the bill that we have had within the past 2 years updating the workmen's compensation law for the 3 million civilian workers of the Government, that was invaluable in that legislation to help protect civilian employees of the Government and enable them to receive just compensation in the event of disability.

He has to his credit in Congress just to name a few of the laws that I have been involved in, the National Labor Relations Act, Fair Labor Standards Act, Federal Coal Mine Safety Act, Federal Employees' Compensation Act—that updated and brought up into this modern economy the workmen's compensation law covering the 3 million Federal employees everywhere-as well as the labor bill that we passed last session the Age Discrimination in Employment Act, to prevent discrimination on account of age for people between the ages of 40 and 65. That was a measure recommended by Presidents for 25 years. It was a No. 1 objective in America of the Fraternal Order of Eagles and many other organizations for years had worked to pass that law. So we hope that measure will be of benefit to workers, to the employees and employers in America.




Senator MORSE. Mr. Chairman, I want to say I am glad you have demonstrated the meaning of the senatorial brotherhood by your kind remarks. I am a great believer in reciprocity, and I want you to know that in my first visit to Texas I will reciprocate.

On this occasion I want to extend to you and our staff a most cordial welcome to Oregon. I am sorry that I have to eat a little crow this morning; you have heard me say so many times back in the Senate when I am asked about our weather in the winter that we just have rain, seldom does it ever snow, and practically no cold weather, because we are the recipients and beneficiaries of the Japanese currents. So I confess I did engage in an inaccurate report. Although not being a Californian, I am going to fall back on their alibi, “This is exceptional; it doesn't happen very often.”

Senator Yarborough, I do most cordially and warmly welcome you to the State on behalf of the entire Oregon delegation and, I am sure, our citizens. I want to say only this in my welcome to you, that I have never had a closer adviser, associate, and warm friend in my years in the Senate than the Senator from Texas. We work together on a great, great many issues, as you have pointed out. I am thankful to you for your unfailing cooperation and your wonderful friendship, and I am delighted to welcome you to our State.

As far as the legislation you have mentioned, you, as chairman of our Subcommittee on Labor, deserve most of the credit, because of your leadership and the leadership of the chairman of our full committee, Senator Hill. Senator Hill has, as you know and as I would like to have my constituents know, has run a very democratic Senate committee. We operate under the democratic process in our committee. He gives great authority, as do most Senators, to each subcommittee. Your Subcommittee on Labor really is the committee that brings forth the labor legislation. You make such a firm case in subcommittee that when we get to the full committee I don't know of a time when the subcommittee has been rejected. The same goes with my Subcommittee on Education. I don't know of a time when we haven't been able to get the support of the full committee for the bipartisan legislation that we bring to the full committee. That is the way our com: mittee works.

While you are here I want you to know that I say to my State about the work of the Committee on Labor, Education, and Public Welfare, that there really are no Republicans or Democrats on it when it comes to hammering out the bipartisan compromises on our legislation. When we go to the Senate floor we usually go with a unanimous report, but we guarantee—as Chairman of our respective subcommittees— each and every Senator the opportunity to present his amendments on the floor of the Senate and get a rollcall vote. I am often asked how does it happen, how do you get rollcall votes, and I say, because you and I and other subcommittee chairmen guarantee it. That is why we get such fine cooperation from Democrats and Republicans alike. All the chairman has to do in a request for a rollcall vote is to raise his hand, and he is never turned down by the rest of the Senate. That means the chairman of the subcommittee has given some assurance of a rollcall vote and the Senate will back him up.

Mr. Chairman, I am glad that you are conducting these hearings here. As you know, I said very early in our deliberations in Washington that where there were requests for hearings across the country I thought we ought to give them. You agreed completely. You arranged for these hearings. There could have been hearings on the gulf and on the east coast, but I understand their interests have been resolved. Before

you call the first witness, Mr. Chairman, I would like to also extend a very warm welcome to our staff who accompanied us out here—Mr. Robert Harris, who sits behind me, as the counsel of the Subcommittee of Labor; to my right is Mr. Mittelman, who is the counsel for the minority on the committee; and to my left is Mr. Benedict, who is the counsel for Senator Prouty of Vermont, who is one of our most untiring workers on the committee, as is Senator Javits of New York, who helps us hammer out the compromises that reinforce the legislation. We also have the general counsel of the committee, Mr. Jack Forsythe, who doesn't happen to be on the platform at the present time. He is going to make arrangements in regard to education matters. He is the general counsel of the Senate Committee on Labor and Public Welfare and is the top assistant to Senator Lester Hill, chairman of the full committee. I extend to all these staff members our hospitality. It is not just a polite offer I make to you and the staff to advise me of anything that we can do to make your stay here most pleasant. We will be at your service.

Senator YARBOROUGH. Thank you, Senator.

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