SEC. 3. Section 9 (c) of such Act is amended by adding at the end thereof a new paragraph as follows:

"(6) The regional director of the region within which a petition is filed under this subsection shall exercise final authority, on behalf of the Board, in all matters arising under subsection (b) or this subsection, except that the Board upon application filed in accordance with such regulations as it may prescribe may review any determination of the regional director and make such disposition of the case as it deems appropriate."

SEC. 4. Section 10 (c) of such Act is amended by adding at the end thereof a new sentence as follows: "Notwithstanding the foregoing provisions of this section, in any case in which the parties waive their rights to a hearing and agree to a stipulation of facts, the order of the Board may be based upon the facts as so stipulated."

SEC. 5. (a) The first sentence of section 10 (e) of such Act is amended to read as follows:

"The Board shall have power to petition the Court of Labor Appeals created pursuant to subsection (m) for the enforcement of such order and for appropriate temporary relief or restraining order, and shall certify and file in the court a transcript of the entire record of the proceedings, including the pleadings and testimony upon which such order was entered and the findings and order of the Board."

(b) The last sentence of section 10 (e) of such Act is amended to read as follows: "The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification in the same manner as in cases subject to section 1254 of title 28 of the United States Code."

(c) The first sentence of section 10 (f) of such Act is amended to read as follows:

"Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain a review of such order by the Court of Labor Appeals created pursuant to subsection (m) by filing in such court a written petition praying that the order of the Board be modified or set aside."

(d) Section 10 of such Act is amended by adding at the end thereof a new subsection as follows:

"(m) There is hereby created a court of the United States to be known as the Court of Labor Appeals, which shall consist of three or more judges to be designated by the Chief Justice of the United States from judges of the United States district courts and courts of appeals. The Chief Justice of the United States shall designate one of such judges as chief judge of the Court of Labor Appeals, and may, from time to time, designate additional judges for such court and revoke previous designations. The chief judge may, from time to time, divide the court into divisions of three or more members, and any such division may render judgment as the judgment of the court. Two judges shall constitute a quorum of the court and of each division thereof. The court shall have the powers of a United States court of appeals with respect to the jurisdiction conferred on it by this Act. The court shall exercise its powers and prescribe rules governing its procedure in such manner as to expedite the determination of cases of which it has jurisdiction under this Act. The court may fix and establish a table of costs and fees to be approved by the Supreme Court of the United States, but the costs and fees so fixed shall not exceed with respect to any item the costs and fees charged in the Supreme Court of the United States. The court shall have a seal, hold sessions at such places as it may specify, and appoint a clerk and such other employees as it deems necessary or proper."

[S. 1161, 83d Cong., 1st sess.]

A BILL To amend the National Labor Relations Act, as amended. by adding a new subsection to section 14 relating to State authority to regulate the right to strike and picket

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 14 of the National Labor Relations Act, as amended, is amended by adding at the end thereof the following new subsection:

"(c) Nothing in this Act shall be construed to nullify the power of any State or Territory to regulate or qualify the right of employees to strike or picket."

[S. 1190, 83d Cong., 1st sess.]

A BILL To amend section 205 of the Labor Management Relations Act, 1947, so as to make the Secretary of Commerce and the Secretary of Labor ex officio members of the National Labor-Management Panel established by such section

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 205 (a) of the Labor Management Relations Act, 1947, as amended, is amended to read as follows:

(a) There is hereby created a National Labor-Management Panel which shall be composed of the Secretary of Commerce, the Secretary of Labor, and twelve members appointed by the President, six of whom shall be selected from among persons outstanding in the field of management and six of whom shall be selected from among persons outstanding in the field of labor. Each appointed member shall hold office for a term of 3 years, except that any such member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and the terms of office of the appointed members first taking office shall expire, as designated by the President at the time of appointment, four at the end of the first year, four at the end of the second year, and four at the end of the third year after the date of appointment. Appointed members of the Panel when serving on business of the Panel, shall be paid compensation at the rate of $25 per day, and all members of the Panel shall be entitled to receive an allowance for actual and necessary travel and subsistence expenses while so serving away from their places of residence."

[S. 1254, 83d Cong., 1st sess.]

A BILL To establish effective means to determine Communist domination in unions and to eliminate Communists from positions of influence and control in labor unions

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, certain labor organizations representing employees employed in industries affecting commerce are led, dominated, influenced, or directed by members of Communist organizations, and, whenever it will serve the ends of the world Communist movement, it is the purpose of such leaders to encourage and foment strikes, slowdowns, industrial strife and unrest, with the objective of disrupting or obstructing commerce or with the objective of impairing the security and defense of the United States.

To prevent such disruption and obstruction of commerce and impairment of the security and defense of the United States, it is hereby declared to be the public policy of the United States to withdraw and withhold, as hereinafter provided, from such labor organizations and persons functioning as Communist labor representatives certain of the advantages, rights, privileges, and immunities created by laws enacted by Congress with the intention of assisting and protecting associations of employees which represent employees in dealing with employers with respect to grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work and which assist employees in concerted activity for the purpose of collective bargaining or other mutual aid and protection; and it is further declared to be the public policy of the United States to prevent any Communist labor representative, as herein defined, from functioning or acting in any manner as such a collective bargaining representative of employees employed in industries affecting commerce, or engaged in the performance of services for, or in the manufacture or assembly of goods or materials to be delivered to any department or agency of the United States.

SEC. 2. For the purposes of this Act

(1) The terms "person," "employer," "representatives," "labor organization," "commerce," "affecting commerce," and "labor dispute" shall have the same meaning as defined in the National Labor Relations Act, as amended.

(2) The term "employee," except where used to refer to an individual in the employ of a labor organization, means any individual employed by any employer who is engaged in a business or industry affecting commerce or who is employed by an employer who is engaged in the performance of services for, or the production, manufacture, or delivery of goods or materials to a department or agency of the United States Government and includes any such person whose work has ceased as a consequence of or in connection with any current labor dispute and who has not obtained any other regular and substantially equivalent employment.

31346-53-pt. 1--2

(3) The terms "Communist-action organization," "Communist-front organization," and "Communist organization" shall have the same meaning as defined in the Internal Security Act of 1950 and the term "world Communist movement" shall mean the world Communist movement as described in and referred to in section 2 of such Act.

(4) The term "Board" means the Subversive Activities Control Board created by section 12 of said Internal Security Act of 1950.

(5) Any person who is an officer, or employee of, or who is otherwise influential in or responsible for the policies of a labor organization shall be deemed to be a Communist labor representative for purposes of this Act only if there exist reasonable grounds to believe that

(a) such person advocates or has aided or supported, financially or otherwise, the advancement of the economic, international, military, and governmental doctrines, policies, or aims of the world Communist movement, while knowing or having reason to know that such doctrines, policies, or aims are those of the world Communist movement;

(b) such person has knowingly aided or supported, financially or otherwise, any Communist-action organization, Communist-front organization, Communist foreign government or any organization listed as subversive by the Attorney General under the provisions of Executive Order 9835 subsequent to the time such organization was so listed; or

(c) such person has instigated or encouraged or may instigate or encourage strikes, slowdowns, or other interruptions of work among employees, for the purpose of aiding and supporting the world Communist movement or a Communist foreign government.

(6) A labor organization shall be deemed to be a Communist labor representative for purposes of this Act only if there exist reasonable grounds to believe that

(a) it or any parent labor organization with which it is affiliated is operated or functions in whole or in part as an instrumentality for promoting or publicizing and advocating the economic international and governmental doctrines, policies, or aims of the world Communist movement; (b) it or any parent labor organization with which it is affiliated is operated or functions in whole or in part as an instrumentality for giving aid and support to any Communist foreign government, Communist-action organization, Communist-front organization or the world Communist movement; or

(c) any individual found to be a Communist labor representative is an officer or employee of, or is influential in or responsible for the policies of such organization, or is an officer or employee of, or is influential in or responsible for the policies of any parent labor organization with which such organization is affiliated.

SEC. 3. (a) The Board is empowered, as hereinafter provided, to prevent any labor organization or individual found to be a Communist labor representative from functioning as a labor organization or representative of employees for the purpose of collective bargaining or other mutual aid and protection, and is further empowered to issue orders which shall have the effect of preventing any such labor organization or individual or employees acting in concert with such organization or individual from claiming any protection, privilege, or assistance otherwise afforded labor organizations, representatives of employees, and associations of employees under certain laws enacted by Congress.

(b) Whenever the Attorney General shall have reason to believe that any labor organization or individual representing or claiming to represent employees is a Communist labor representative, he shall file with the Board and cause to be served upon the persons named therein whom he alleges are Communist labor representatives, a petition for an order of the Board which will effectuate the public policy of the United States and purposes of this Act as herein provided. Each such petition shall be verified under oath and shall contain a statement of facts upon which the Attorney General relies in support of his petition for the issuance of such an order. The Attorney General may, in his discretion, joint in a single petition a parent organization and any or all of its affiliated organizations whether designated as "Locals," "Councils," "Districts," or otherwise, and any or all of the officers, or employees thereof, and any or all of the persons influential in, or responsible for the policies of such affiliated organization.

Upon receipt of such petition, the Board shall serve upon the persons named therein a notice of hearing before the Board or a member thereof, or a designated

agent or agency, at a place therein fixed, not less than five days after the serving of said notice. The Attorney General shall be permitted to amend his petition at any time prior to the closing of the hearings held thereon. The labor organization and the persons named in the petition shall have the right to file an answer to the original and to any amended petition and to appear in person or otherwise and give testimony at the place and tix fixed in the complaint. In the discretion of the Board, any other person may be allowed to intervene in the proceeding and to present testimony. In any such proceeding, the rules of evidence prevailing in courts of law or equity shall not be controlling.

The Board is specifically empowered to establish and maintain a continuing panel, called the Labor Panel, to be made up of retired members of the Federal judiciary who shall voluntarily make themselves available for service upon such panel at the request of the Chairman of the Board. The Board may then designate, as its agent for the purpose of conducting any such hearing, a subpanel consisting of not less than three nor more than five of the members of said Labor Panel. In appointing any such subpanel, the Board shall clearly state whether the subpanel shall have full authority to issue a final order on the petition, the hearing on which it shall be appointed to conduct, or whether such subpanel shall have power only to make recommendations to the Board upon such petition. Each member of the Labor Panel shall be reimbursed by the Board for all reasonable traveling and living expenses that shall be necessarily incurred by him in connection with his services on said Labor Panel and on any subpanel that may be drawn therefrom. Neither service on said Labor Panel, or any subpanel drawn therefrom, nor acceptance of reimbursement for traveling and living expenses for any such service, shall disqualify any member of said Labor Panel from the right to receive any Federal or other pension, retirement, or disability payment to which he may be entitled.

(c) The testimony taken by any member, agent, or agency designated by the Board shall be reduced to writing and filed with the Board. Thereafter in its discretion, the Board upon notice may take further testimony or hear argument. If, upon the preponderance of the testimony taken, the Board finds that any labor organization or individual named in the petition is a Communist labor representative, then the Board shall state its findings of fact and issue and cause to be served on such person an order which—

(1) if directed to a labor organization, may require that such organization shall, within the period of time specified in the order

(A) dismiss or otherwise permanently remove from influence in, or from office or employment by the organization, any of its officers or employees found by the Board to be a Communist labor representative; (B) disaffiliate and sever completely all connections and relations with any affiliated labor organization found by the Board to be a Communist labor representative; and

(C) take and carry out to the satisfaction of the Board such other affirmative action required by the Board which will, in the Board's opinion, effectuate the public policy of the United States and the purposes of this Act by removing from any position of control or influence in the labor organization or any organization affiliated with it, the persons found by the Board to be Communist labor representatives.

(2) if directed to either a labor organization or a person found to be a Communist labor representative, shall require, but need not be limited to requiring, that such organization or individual—

(A) shall cease and desist from acting as the representative, spokesman, leader, adviser, or agent of employees engaged in any concerted activity for the purpose of collective bargaining or other mutual aid and protection;

(B) shall cease and desist from soliciting, or from accepting from employees, or from their employer, pursuant to the terms of any assignment, checkoff, or other agreement, any money or thing of value as the initiation fees or membership dues of such employees in a labor organization; and

(C) shall cease and desist from instigating, encouraging, or supporting, directly or indirectly, any strike, slowdown, or other interruption of work among employees.

(d) If within the time specified in an order of the Board, the Board shall be satisfied that a labor organization subject to such order has fully complied therewith it shall, upon application of such organization, enter a further order of the Board staying the effect of its prior order insofar as such prior order is appli

cable to the organization: Provided, That no such order staying the effect of a prior order shall in any way affect the application of such prior order to individual persons found by the Board to be Communist labor representatives: Provided further, That if at any time subsequent to staying its prior order, the Board shall be of the opinion that the labor organization has ceased to remain in compliance with such prior order, it may, upon not less than five days' notice to such organization, reinstate such prior order in full force and effect.

(e) During any time there is in effect and applicable to any labor organization or individual an order of the Board which has not been stayed by the Board as provided in subsection (d) of this section, the provisions of section 5 of this Act shall be applicable to such organization, to such individual, and to any employees who act or attempt to act in concert with such organization or individual.. SEC. 4. (a) Whenever the Attorney General shall allege in his petition that any labor organization or individual named in a petition filed under the provi-sions of section 3 of this Act represents or claims to represent employees of an employer who is engaged in the performance of services for, or the production, manufacture, or delivery of goods or materials for any department or agency of the United States Government and that the interruption of such services or deliveries may be injurious to the security or defense of the United States, the Board shall give such petition priority over all other petitions except those of like nature and shall schedule a hearing thereon before members of the Board or a subpanel of the Labor Panel. The following provisions, in addition to the provisions of section 3, shall be applicable to such a petition and hearing.

(b) The Board shall forthwith notify each labor organization and individual named in such petition that a hearing, as provided in section 3, shall be held within not more than ten days. No adjournment or postponement of such hearing shall be granted except for very grave cause. The hearing shall be conducted in as expeditious a way as possible, consistent with appropriate recognition of the rights of all parties. Where advisable, the Board may order the continuation of hearing sessions at night and on weekends, in the interests of expedition.

(c) Immediately upon termination of the hearing, the Board shall issue its decision and order. If the Board shall find that any labor organization or individual named in the petition is a Communist labor representative, such order shall be in the same form and contain the same provisions, to the extent appropriate, as an order issued under section 3 hereof. If within the time specified in such order, the Board shall be satisfied that any labor organization subject to such order has fully complied therewith, the Board shall enter an order staying the effect thereof: Provided, That no such order staying the effct of a prior order shall in any way affect an order applicable to individual officers, employees, or others who are influential in, or responsible for the policies of such organization: Provided further, That if at any time subsequent thereto, the Board shall be of the opinion that the labor organization has ceased to remain in compliance with its order, the Board may, with or without advance notice to the organization,. reinstate such order in full force and effect.

SEC. 5. Whenever there is in effect against a labor organization or individual an order of the Board as provided in section 3 or section 4, such order shall have the following effect:

(a) For the purposes only of section 7, section 8 (a), and section 9 of the National Labor Relations Act, as amended, no such organization or individual shall be deemed a labor organization or representative of employees within the meaning of such Act and no action taken by employees in conjunction with, or pursuant to the leadership of any such organization or individual shall be deemed to be collective bargaining or concerted activity within the meaning of section 7 of said Act, as amended.

(b) No court of the United States shall find that any controversy concerning terms or conditions of employment, concerning a collective bargaining agreement or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment constitutes, involves, or grows out of a "labor dispute" within the meaning of the Norris-LaGuardia Act (Act of March 23, 1932 (ch. 90, 47 Stat. 70) if such an organization or individual is directly or indirectly involved in such controversy. (c) No such organization and no other organization having as an officer or employee an individual against whom an order of the Board is in effect shall be deemed to be a labor organization within the meaning of section 6 of the Clayton Act (Act of October 15, 1914, ch. 323, 38 Stat. 730) nor shall any of the provisions: of section 20 of said Act be applicable in any case in which any such organization or individual is interested or involved.