Mr. JENSEN. Grievance matters of what nature? Mr. SIMKIN. All sorts of matters. Mr. HOWARD. For the prime period of June 19, through July 28, which was when this missile program got underway, we have had 11 very short stoppages. Of these, five were over work assignment. A contractor assigns work to men in a union. Another union felt it was their work. One union complains against the contractor that this is not their work. That is on 5 of the 11. Three were over grievances, such as not paying the proper pay under the agreement. This was the interpretation of an already existing agreement. A grievance matter might also be a discharge which the employees felt was unfair. There was one stoppage which was jurisdictional where two unions were disagreeing over the matter of to whom the work should come. There was one stoppage over work investigation, and one stoppage over a dispute on rates of pay. LIMITED POWERS OVER STRIKES IN NATIONAL EMERGENCY Mr. JENSEN. In the case of a great emergency, such as during a war, a work stoppage at a missile site can be a serious matter. What powers does the President or what powers does the Government have to put men back to work in case of a national emergency where a strike is called for any reason? Mr. SIMKIN. In terms of power in the raw sense I suppose we have very limited powers. However, this missile program is predicated basically on a no-strike pledge given to the President in connection with the establishment of the missile commission and these committees, of which our mediators are the chairmen. In a sense it is a voluntary program similar to what we had in World War II under the War Labor Board procedures. You may recall during World War II actually we had very limited mandatory powers in terms of prevention of strikes but there at that time, too, we had a no-strike pledge. There were a very few stoppages but our record in this country in World War II was better in terms of time lost than it was in any of the other democratic countries where the Government had even more extensive powers. Mr. THOMAS. It was almost perfect, was it not? Mr. SIMKIN. It was not perfect but it was a very good record in terms of the overall picture, Mr. Chairman. Similarly in this program, at least up to date, when you take 300 man-days a month, the percentage of time lost in view of the magnitude of the problem is almost infinitesimal. Those stoppages which have occurred in June and July have almost without exception been one-day things. Mr. THOMAS. The only authority you have is under what law? The answer is the Taft-Hartley, is it not? Mr. SIMKIN. The Taft-Hartley procedure, that is right. That is the only direct power we have. The injunctive procedure in that law never has been invoked on a missile site. Mr. JENSEN. The reason I asked whether strikes have been called because of labor leaders asking for more pay for the employees on these missile contracts is because of the fact that I know a man who had very little experience in any phase of the construction of a missile project who last year drew $3.57 an hour for just pressing a button. Is that a going wage for a person who just presses a button on a missile contract? Mr. SIMKIN. There are some rates that high. That is probably a little bit on the high side. I don't know what craft he was alleged to be working at. Mr. JENSEN. Off the record. (Discussion held off the record.) Mr. SIMKIN. On the missile sites the wage rates generally are the construction rates that prevail in that particular area, so that if this man was getting $3.57 presumably that was the rate of one of the building trades unions in that immediate area which was likewise payable on the base. Mr. JENSEN. Off the record. (Discussion held off the record.) ASSIGNMENT OF PERSONNEL Mr. Bow. Do I understand that this GS-14 coordinator's position will be in Washington? Mr. SIMKIN. One position will be in Washington. Mr. Bow. And the 12 mediator positions are on the sites? Mr. SIMKIN. They are replacements for men who are on the sites. Mr. Bow. The men on the sites will be 14's? Mr. SIMKIN. Almost without exception. Mr. Bow. And these GS-12's will be replacing the 14's here in Washington? Mr. SIMKIN. Not in Washington but out in the country at large. The total staff of mediators is scattered all the way from Maine to San Diego. Mr. Bow. How many do you have in the Washington staff now? Mr. SIMKIN. Fifty-two total personnel in Washington. Mr. Bow. What is the staff in the field? Mr. SIMKIN. 323 in the field. Mr. Bow. Would you for the record insert the areas in which these 323 are assigned? Mr. SIMKIN. We would be happy to give you a list. It would be a long list because our setup is roughly this: We have seven regional offices. Mr. Bow. Give us the seven regional offices and the people working out of those seven regional offices. Mr. SIMKIN. We have one in New York, one in Philadelphia, one in Atlanta, one in Cleveland, one in Chicago, one in St. Louis, one in San Francisco. These men are assigned on a duty-station basis either to the regional office or an even larger number to various cities and localities in these regions. We can, if you would like, give you a complete list. Mr. Bow. Break it down as to the number of people working in these various areas. Mr. THOMAS. And the District of Columbia. Give us the District of Columbia and the seven regional offices. (The requested information follows:) 1 Includes 1 regional director and 1 assistant regional director position. * 12 new mediator and 3 new clerical positions were authorized by the basic fiscal year 1962 appropriation to become effective on Sept. 1, 1961. 7 mediator positions have been filled since July 10 because of critical need at missile sites. 316 new positions proposed in this request for supplemental appropriation are budgeted on an anticipated effective date of July 24. Postponement of effective date to limit utilization for a 9-month period only, would enable a savings accrual of about $27,500. Mr. Bow. Will these people working on this missile project handle only the disputes which occur at a missile site or will they follow through with the work at the factory where the missile is being manufactured? Mr. SIMKIN. Of the 30 sites where we have men assigned, 2 we expect to be full-time assignments at the site itself, at Canaveral and Vandenberg. Mr. Bow. Let us assume there is a dispute at Vandenberg. It occurs with a contractor who has a plant somewhere off the site. Would that man who is handling it at the site go back into the factory work? Mr. SIMKIN. No. Mr. Bow. He would handle the work only at the site? Mr. SIMKIN. He would not go back to the factory but only at the site. Mr. Bow. Any dispute which occurred at the factory on a missile project would be handled by someone else? Mr. SIMKIN. By another mediator. For example, we concluded successfully a very tough dispute at Sperry Gyroscope and Ford Instrument out on Long Island a couple months ago. We had other mediators assigned to that dispute, but that was very critical to the whole missile program. Mr. Bow. I believe that is all, Mr. Chairman. INCREASE IN PERSONNEL Mr. JONAS. Page 12 of the brown sheets shows the personnel summary. It shows you had 344 permanent positions in 1961 and 375 in 1962. Does that include the 16 for which you are asking now? Mr. SIMKIN. Yes, it does. Mr. JONAS. So you had an increase in the regular bill of 15 over last year. Now you are asking for an additional 16. Is that correct? Mr. SIMKIN. That is correct. Mr. JONAS. What did you do with the 15? Mr. SIMKIN. Those first 15 are expansion of the regular staff outside the missile work because of increasing general workload, and more particularly in the last year or two we have found that negotiations are more protracted, more meetings are required, and we are expanding our so-called preventive mediation work in other areas quite aside from the missile sites. ENTRANCE OF SERVICE INTO A DISPUTE Mr. JONAS. How can you go into a dispute? Mr. SIMKIN. We can basically get in only by persuasion. Mr. SIMKIN. If we are requested to move in that is no problem. Of course, then we move in quickly. Mr. JONAS. Requested by whom? Mr. SIMKIN. Both sides. Mr. JONAS. Can you go in at the request of one party to a dispute? Mr. SIMKIN. Ordinarily we can. Mr. JONAS. Ordinarily you can? Mr. SIMKIN. We can by getting the agreement of the other party, and normally that follows. There are instances where we have had some difficulty. Mr. JONAS. You go in by right under the Taft-Hartley Act, but that is after Presidential action; is it not? Mr. SIMKIN. We do not go in by right of that act. We get notification of these disputes and then we have to, in effect, work our way in. Mr. MOORE. In about 95 percent of our activity our mediators enter the dispute by reason of this prior notice. This is really rather routine. When the notice is received they contact the parties, keep very close touch with what is going on. We simply move in and start conducting the meeting. NEED FOR REPLACEMENTS FOR PERSONNEL AT MISSILE SITES Mr. JONAS. You already have the people at the missile sites. Under the Executive order you have taken them from regular personnel, and what you ask for now is the authority to hire replacements for them; is that right? Mr. SIMKIN. That is right. We have overburdened our regular staff. We have called in some retired mediators on a w. a. e. basis to take up the slack. Mr. JONAS. What do you pay them? Mr. EADY. The regular rate less what they would be receiving under the retirement annuity. Mr. JONAS. The rate they were receiving when they retired less what the annuity amounts to? Mr. EADY. That is right. Mr. JONAS. How many of those do you have? DISPOSITION OF MISSILE SITE CASES Mr. JONAS. What happened in these 11 cases you cited, Mr. Howard? Mr. HOWARD. Nine of these cases already have been settled, five by direct agreement with the parties. Mr. JONAS. How were the five settled? Mr. MOORE. The mediator settled it. Mr. HOWARD. Both parties agreed on the solution. Mr. JONAS. That doesn't necessarily mean the taxpayers saved any money. Mr. THOMAS. You don't think the taxpayers won? Mr. JONAS. My guess is that the taxpayers lost because they are the ones picking up the tab. Mr. SIMKIN. I am not so sure about that. One of the objectives of the Commission, as stated in the President's Executive order, is to assure economical practices on the missile sites. Mr. JONAS. Can you cite any cases where settlement was made where there was a reduction in pay ? |