Page images
PDF
EPUB

HEARINGS

BEFORE THE

COMMITTEE ON

LABOR AND PUBLIC WELFARE

UNITED STATES SENATE

EIGHTY-THIRD-CONGRESS

FIRST SESSION

ON

PROPOSED REVISIONS OF THE LABOR-MANAGEMENT
RELATIONS ACT OF 1947

31346

ᏢᎪᎡᎢ 1

MARCH 24, 25, 26, 30, AND 31, 1953

Printed for the use of the Committee on Labor and Public Welfare

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1953

KF

26

£3

1953

Testimony of-Continued

Reuther, Walter P., president, Congress of Industrial Organizations
accompanied by Arthur J. Goldberg, general counsel.

Shroyer, Thomas E., Poole, Shroyer and Denbo, Washington, D. C..
Tichy, George J., secretary-manager, Timber Products Manufacturers
Association, Spokane, Wash..

Triggs, Matt, assistant legislative director, American Farm Bureau
Federation__

Page

363

27

311

204

Congress of Industrial Organizations__

Supplementary statement.

United Automobile Workers, CIO (supplementary state-
ment)__

363

451,

478

377

[blocks in formation]

TAFT-HARTLEY ACT REVISIONS

TUESDAY, MARCH 24, 1953

UNITED STATES SENATE,

COMMITTEE ON LABOR AND PUBLIC WELFARE,
Washington, D. C.

The committee met at 10 a. m., pursuant to call, in room 318 of the Senate Office Building, Senator H. Alexander Smith (chairman) presiding.

Present: Senators Smith, Taft, Aiken, Ives, Purtell, Goldwater, Murray, Hill, Neely, Douglas, Lehman, and Kennedy.

The CHAIRMAN. The hearing will please come to order.

During the course of these hearings the following bills will be given careful consideration:

[S. 225, 83d Cong., 1st sess.]

A BILL To amend the Labor Management Relations Act, 1947, so as to prevent interruptions to ocean transportation service between the United States and its Territories and possessions as a result of labor disputes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 206 of the Labor Management Relations Act, 1947, is amended by inserting after "safety," the following: "or whenever the President is notified by the Governor of any Territory or possession of the United States that a threatened or actual strike or lock-out, will if permitted to occur or to continue, deprive such Territory or possession of essential ocean transportation services and thereby imperil the health or safety of its people,”.

SEC. 2. Section 208 of such act is amended to read as follows:

"SEC. 208. (a) Upon receiving a report from a board of inquiry the President may direct the Attorney General to petition any district court of the United States having jurisdiction of the parties to enjoin such strike or lock-out or the continuing thereof, and if the court finds that such threatened or actual strike or lock-out

"(i) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce; and

"(ii) if permitted to occur or to continue, will imperil the national health or safety;

or if such threatened or actual strike is one with respect to which the President has received notification in accordance with section 206 from the Governor of a Territory or possession and the Court finds that such strike or lock-out

"(i) deprives such Territory or possession of essential ocean transportation services; and

"(ii) if permitted to occur or to continue, will imperil the health or safety of the people of such Territory or possession;

it shall have jurisdiction to enjoin any such strike or lock-out, or the continuing thereof, and to make such other orders as may be appropriate.'

[ocr errors]

SEC. 3. Section 209 (a) of such act is amended by inserting after "safety," the following: "or the health or safety of the people of a Territory or possession,".

[S. 369, 83d Cong., 1st sess.]

A BILL To amend the National Labor Relations Act, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 (a) (3) of the National Labor Relations Act, as amended, is amended by inserting before the semicolon at the end thereof a colon and the following: "And provided further, That employers of employees in the printing and publishing industry, the operation of whose enterprises affect interstate commerce, may, without regard to the provisions of this Act or of the law or policy of any State or Territory, enter into an agreement or agreements with labor organizations (not established, maintained, or assisted by any action defined in section 8 (a) (2) of this Act as an unfair labor practice) to require as a condition of employment membership therein, and may enforce the terms and provisions of such agreement or agreements".

SEC. 2. Subsections (a) (5) and (b) (3) of section 8 of such Act are amended by inserting before the period at the end of section 8 (a) (5) and before the semicolon at the end of section 8 (b) (3) a colon and the following: “Provided, That nothing in this section shall authorize the Board to determine the proper scope or subject matters of collective bargaining, the manner in which it is to be conducted, or the legality or reasonableness of any proposal or counterproposal which may be advanced".

SEC. 3. Section 8 (b) (4) of such Act is amended to read as follows: "(4) to engage in, or to induce or encourage the employees of any employer to engage in (other than by peaceful picketing) a strike the principal object of which is: (A) forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees under the provisions of section 9; (B) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 9; (C) forcing or requiring any employer to assign particular work to employees in a particular labor organization rather than to employees in another labor organization, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work: Provided, That nothing contained in this subsection (b) shall be construed to make lawful a refusal by any person to enter upon the premises of any employer, if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under this Act;". SEC. 4. Subsections (j) and (1) of section 10 of such Act are repealed.

[S. 655, 83d Cong., 1st sess.]

A BILL To amend the Labor Management Relations Act, 1947, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Labor Relations Act, as amended is hereby further amended as follows:

(a) Section 9 (c) (3) of such Act is amended by striking out the second sentence thereof.

(b) Section 8 (d) of such Act is amended by striking out the last sentence thereof.

(c) Section 9 (c) (1) of such Act is amended by striking out so much of the next to the last sentence thereof as appears after the comma in such sentence.

(d) Section 9 (h) of such Act is amended to read as follows:

"(h) (1) No petition made by a labor organization under section 9 (c), and no charge made by a labor organization under section 10 (b) shall be entertained unless there is on file with the Board an affidavit executed contemporaneously or within the preceding twelve-month period by each officer of such labor organization and the officers of any national or international labor organization of which it is an affiliate or constituent unit, that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches the

overthrow of the United States Government by force or by any illegal or unconstitutional methods or seeking by force or violence to deny other persons their rights, under the Constitution of the United States. The provisions of section 1001 of title 18 of the United States Code shall be applicable in respect to such affidavits. For the purposes of this subsection 'officer' means members of all policy-forming and governing bodies of the labor organization as well as those designated as such by the constitution of the labor organization.

"(2) No petition made by an employer under section 9 (c) and no charge made by an employer under section 10 (b) shall be entertained unless there is on file with the Board an affidavit executed contemporaneously or within the preceding twelve-month period by such employer, its officers if it is a corporation, and each of such employer's agents having responsibility for the employer's labor relations that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches, the overthrow of the United States Government by force or by any illegal or unconstitutional methods, or seeking by force or violence to deny other persons their rights under the Constitution of the United States. The provisions of section 1001 of title 18 of the United States Code shall be applicable in respect to such affidavits."

(e) Strike out all of section 10 (1) of such Act.

(f) Section 8 (b) (4) of such Act is amended by striking out the semicolon at the end of paragraph (A) and inserting a colon and the following: "Provided, That nothing in (A) of this section shall be construed to make it an unfair labor practice for a labor organization to induce or encourage employees to engage in a concerted refusal to perform work which because of a current labor dispute between another employer and his employees is, for the duration of such dispute, no longer being performed by the employees of such other employer;".

(g) Section 8 (c) of such Act is amended by inserting after the word "Act" the following: "nor shall it be the basis of setting aside an election conducted under section 9".

(h) (1) Section 8 (a) (3) of such Act is amended by striking out everything after "(B)" and inserting the following: "if he has reasonable grounds for believing that membership was denied or terminated for reasons other than (1) the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership, or (2) the employee's membership or affiliation with the Communist Party or his support thereof, or his membership in, affiliation with, or support of any organization that believes in, or teaches, the overthrow of the United States Government by force or any illegal or unconstitutional methods ;".

(2) Section 8 (b) (2) of such Act is amended by inserting the figure “(1)” after the word "than", striking out the semicolon at the end of such subsection, and inserting in lieu thereof a comma and the following: "or (2) his membership or affiliation with the Communist Party, or his support thereof, or his membership in, affiliation with, or support of any organization that believes in, or teaches, the overthrow of the United States Government by force or any illegal or unconstitutional methods;".

(i) Section 9 (f) of such Act is amended by striking out all of the subsection numbered (6).

(j) The amendments made by this Act shall take effect sixty days after the date of its enactment.

[S. 656, 83d Cong., 1st sess.]

A BILL To amend the National Labor Relations Act, as amended, with reference to the building and construction industry, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Labor Relations Act, as amended, is hereby further amended as follows:

(a) At the end of section 9 (a) insert the following: "Provided further, That nothing in this section or any other section of this Act or of any other statute or law of the United States shall preclude an employer primarily engaged in the building and construction industry from making an agreement covering employees engaged (or who, upon their employment, will be engaged) in the construction, alteration, or repair of buildings, or other structures and improvements, on which building and construction trade workmen are employed, with a labor organization (not established, maintained, or assisted by any action

« PreviousContinue »