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UNITED STATES OF AMERICA
10-28-52

Pago

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2016

2022

Morse, Hon. Wayne-Continued

Herzog, Paul M., Chairman, National Labor Relations Board, Wash-
ington, D. C., letter of, to Senator Morse, transmitting material in
re relationship between Board members and Mr. Denham:
Exhibit A-1. Memorandum to Mr. Denham from Mr. Herzog,
dated January 26, 1949..

Page

1661

Exhibit A-2. Memorandum, dated January 7, 1949, to Mr.
Denham, by members of the Board..

1662

Exhibit A-3. Memorandum to the Board by Mr. Herzog--
Exhibit A-4. Memorandum from Mr. Denham to the Board,
dated December 30, 1948, in re jurisdiction_

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1662

Exhibit A-5. Memorandum, dated January 3, 1949, from Mr.
Herzog to Mr. Denham_-

1663

Exhibit A-6. Memorandum, dated December 23, 1948, to the
general counsel, from the Board__

1663

Exhibit A-7. Memorandum, dated November 29, 1948, from
Mr. Herzog to other Board members__

1664

Taft, Hon. Robert A., a United States Senator from the State of Ohio,
insertions of—

Newspaper clippings as follows:

Pittsburgh Press, February 13, 1949, UE right wing battles on
three new fronts-Board checking members' approval
Pittsburgh Press, December 28, 1948, Fitzpatrick concedes-anti-
Communists win flashing victory in UE-biggest vote ousts
local 601 officers..

Pittsburgh Press, February 14, 1949, local 638 bolts UE to join
auto workers-act climaxes anti-Red battle.
Pittsburgh Post-Gazette, Februaлy 14, 1949, Leftists in UE handed
double set-back by foes-local 638 votes to join UAW as West-
inghouse anti-Reds win chairmanships of all committees__
Pittsburgh Press, December 13, 1948, union orders loyalty oaths.
Lima, Ohio, News, February 2, 1949, anti-ism stand taken by
Lima UEW president-new head of local 724 announces policy
of opposition to leftist union groups-

Sunday News, Miami, February 13, 1949, trucker union to sift
Newark terminal site..

Tichy, George J., manager and attorney, Timber Products Manufacturers
Association, insertions of-

Excerpt from Labor Relations Reporter, published by Bureau of
National Affairs, 23 L. L. R. 167-168, January 17, 1949, volume
23, No. 23.

Hoffman, Charles S., Oregon Coast Operators, Coos Bay, Oreg.,
statement of

Studebaker, R. I., secretary-manager, Tri-County Loggers Associa-
tion, Bellingham, Wash., letter of, to Mr. Tichy in re Taft-Hartley
Act__

Thomas, Hon. Elbert D., a United States Senator from the State of Utah,
insertions of-

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2274

2234

2230

2230

Grunsky, Robert R., managing director, California Metal Trades
Association, statement of

2206

Herzog, Paul M., chairman, National Labor Relations Board, letter of,
to Senator Thomas, supplying statistical information requested by
committee. -

1835

Wilson, Charles E., president, General Electric Co., insertions of
Lilienthal, David E., Chairman, United States Atomic Energy Commis-
sion, letter of, dated September 27, 1948, to Mr. Wilson, in re
United Electrical Workers..

2259

Lilienthal, David E., Chairman, United States Atomic Energy Com-
mission, letter of, dated November 1, 1948, directing General
Electric Co. to withdraw and withhold recognition from United
Electrical Workers in respect to any employees of General Electric
Co. on classified work..

2260

2293, 2299

Statement submitted by, additional information as to General Electric
experiences indicating needs in labor law_

LABOR RELATIONS

MONDAY, FEBRUARY 14, 1949

UNITED STATES SENATE,

COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D. C. The committee met, pursuant to adjournment, at 9:30 a. m. in the committee room, United States Capitol, Hon. Elbert D. Thomas (chairman) presiding.

Present: Senators Thomas, Murray, Pepper, Hill, Neely, Douglas, Humphrey, Withers, Taft, Smith of New Jersey, Morse, and Donnell. The CHAIRMAN. Senator Morse has some questions that he wishes to put to Mr. Denham.

STATEMENT OF HON. ROBERT N. DENHAM, GENERAL COUNSEL, NATIONAL LABOR RELATIONS BOARD-Resumed

Senator MORSE. Mr. Denham, I am going to complete my examination of you this morning very briefly, and in the interest of saving time I have certain statements that I am going to read into the record, and then you can comment upon the statements because some of them will be recapitulations of what, I am sure, you have already expressed Ter in the record.

I agree with the view expressed in your opening statement to the effect that public confidence in the administration of the present statute or any law relating to labor relations depends, in a large part, on whether the public has confidence in the personnel and the field offices of the agency.

As I understand the Taft-Hartley law, you have final authority with regard to the issuance of unfair-labor-practice complaints, and you also have complete charge of the field staff. Consequently, any decision by a regional director not to proceed with the charge, which I understand is a decision frequently made after consultation with you or members of your Washington staff, cannot be appealed to anyone but you. In effect, it seems to me that you are sitting in judgment on a matter which you and your staff have previously decided.

On the other hand, under the Wagner Act an appeal could be taken to the Board in Washington from a determination in the field office not to issue a complaint, and in that respect a review could be had by persons who had not previously acted upon the case. Isn't it true, therefore, along the lines of Senator Pepper's question the other night, that your discretion in deciding not to proceed with an unfair-laborpractice charge is completely uncontrolled, at least in the sense that it is not subject to review?

Mr. DENHAM. I beg your pardon?

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