Moore, Hon. Dan, Governor of North Carolina, as read by Ralph J. Scott, a Representative in Congress from the State of North Moore, Joseph, president, Associated Garment Industries of St. Scott, James, II, president, Pennsylvanians for Right To Work.. Shroyer, Thomas, general counsel, American Retail Federation, and Skinner, A. C., president, International Union of Mine, Mill & Smessaert, Charles L., on behalf of the National Confectioners Street, C. P., Carolina branch, Associated General Contractors of Teer, Nello L., Jr., on behalf of the American Road Builders' Associa- Thompson, Mrs. Meriam P., Gastonia, N.C. Waldum, John, Jr., Lake Park, Fla... Wallace, John P., president, Southeastern Poultry & Egg Association__ Webster Harold A., president, National Electrical Contractors Association, Inc., accompanied by Robert L. Higgins, executive vice president, and James E. Swan, secretary_ Wirtz, Hon. W. Willard, Secretary of Labor.. Woltz, John E., on behalf of the American Apparel Manufacturers Zagri, Sidney, legislative counsel, International Brotherhood of Team- 272 335 432 418 366 375 Alexander, John, Montpelier, Ind., an account of personal experience_ Allen, Harold, St. Petersburg, Fla., an account of personal experience 298 406 298 Beirne, Joseph A., president, Communications Workers of America, 127 Berfield, La Rue I., Driftwood, Pa., hearing before a Senate subcom- 453 Brown, Edwin R., executive director, central Florida chapter, Asso- 373, 374 Dunn, William E., executive director, Associated General Contractors Letter to Chairman Thompson, dated June 8, 1965- Engel, Ted, Santa Maria, Calif., an account of personal experience... Flick, Frank, president, Flick-Reedy Corp., Bensenville, Ill., state- Prepared statements, letters, etc.—Continued Griffin, Hon. Robert P., a Representative in Congress from the State "Racial Inequality in Employment: The Patterns of Discrimina- tion," article by Herbert Hill, reprinted from the Annals of the American Academy of Political and Social Science- "Union Security in Foreign Countries"- 586 Jensen, Howard, vice president and general counsel, Lone Star Steel Article in the Detroit Free Press entitled "Double Standard". Meany, George, president, AFL-CIO, memorandum on additional in- Height, Dorothy, president, National Council of Negro Women, 216 King, Dr. Martin Luther, Jr., president, Southern Christian 216 "Right To Work Laws and the Negro Worker," article by Herbert Randolph, A. Philip, president, Negro American Labor Council, 216 Scheuer, Hon. James H., a Representative in Congress from the State 593 Schmidt, Alvin F., Miami, Fla., statement of Seay, George, Arletta, Calif., an account of personal experience. Seeley, John, Sapulveda, Calif., an account of personal experience Shroyer, Thomas, general counsel, American Retail Federation, article 421 Southern California Council of Operative Plasterers & Cement Masons, 77 Prepared statements, letters, etc.-Continued Wirtz, Hon. W. Willard, Secretary of Labor: Letter to Chairman Thompson, dated June 18, 1965. "Organization and Procedure of the National Labor Rela- Selected labor laws in right-to-work-law States as compared Table 3.-Per capita personal income, 1948 and 1964- Table 4.-Change in manufacturing employment, 1948-64_- Table 5.-Estimated percentage of union membership in Table 6.-Average percent of estimated total working time lost due to work stoppages, by State, 1952–64_. "Your Freedom in Arkansas Includes the Freedom to Work in Zagri, Sidney, legislative counsel, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America: Exhibit I.-States ranked by 1959 median family income: 1960_. Exhibit I-a.-Article in Congressional Record of May 11, 1965, entitled "Preserving the Taft-Hartley Act". Exhibit II.—Fifth quintile counties with median family income in Exhibit III.-The chances in 100 of a family being poor, by color, in the United States and the South, urban and rural (chart) _ _ Exhibit IV.-Families with own children, 1960, by various categories; proportion of each classified as poor. Exhibit V.-Old-age assistance: Number of recipients per 1,000 40 Exhibit VI.-Aid to families with dependent children: Number of children receiving assistance per 1,000 population under age 18 (recipient rate), by county, June 1960-- Exhibit VII.-Selected fiscal data relating to public assistance Exhibit VIII. Ranking of States in estimated per capita amounts Letter to Chairman Powell, dated April 6, 1965, enclosing a memorandum regarding the effect of 14 (b) repeal on discrimina- "Thirteen Years of the Right to Work' in Arkansas," article by Weinberg, David D., Omaha, Nebr., letter from.. 144 143 REPEAL OF SECTION 14(b) OF THE LABOR MONDAY, MAY 24, 1965 HOUSE OF REPRESENTATIVES, SPECIAL SUBCOMMITTEE ON LABOR OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 2175, Rayburn House Office Building, Hon. Frank Thompson, Jr. (chairman of the subcommittee) presiding. Present: Representatives Thompson, O'Hara, Scott, Carey, Sickles, Scheuer, Griffin, Andrews, and Reid. Also present: Robert E. McCord, director of the subcommittee, Charles W. Radcliffe, minority counsel for education, and Michael Bernstein, counsel to the minority. (Text of bills H.R. 77 and H.R. 4350 :) [H.R. 77, 89th Cong., 1st sess.] A BILL To repeal section 14(b) of the National Labor Relations Act, as amended, and section 705 (b) of the Labor-Management Reporting and Disclosure Act of 1959 and to amend the first proviso of section 8(a)(3) of 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 (a) subsection (b) of section 14 of the National Labor Relations Act, as amended, is hereby repealed. (b) The first proviso of paragraph 3 of subsection (a) of section 8 of such Act is amended to read as follows: "Provided, That nothing in this Act, or in any other statute of the United States or in any constitution or law of any State or political subdivision thereof, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in section 8(a) of this Act as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later, (i) if such labor organization is the representative of the employees as provided in section 9(a), in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 9(e) within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement :". (c) Subsection (b) of section 705 of the Labor-Management Reporting and Disclosure Act of 1959 is hereby repealed. [H.R. 4350, 89th Cong., 1st sess.] A BILL To repeal section 14 (b) of the National Labor Relations Act, as amended; and to amend such Act to strengthen and protect fundamental legal and civil rights of individual workers required to join a union as a condition of employment; to prohibit discrimination on account of race, color, or creed where employment is conditioned upon union membership or payment of moneys to a union; to prevent the use for political purposes of union dues and moneys paid by workers subject to compulsory union membership agreements; and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Employee Civil Rights Act of 1965." SEC. 102. Section 14 of the National Labor Relations Act of 1947, as amended, is amended by striking therefrom subsection (b) and by inserting in lieu thereof the following: "(b) (1) Nothing in any constitution or law of any State, or political subdivision thereof, shall preclude a labor organization from making an agreement with an employer covered by this Act requiring membership in such labor organization or the payment of moneys thereto as a condition of employment subject to the provisions of subsections 8(a) (3) and 8(f): Provided, That it shall be an unfair labor practice for any labor organization, which is a party to such an agreement, or its agents "(A) to deny, limit, or otherwise restrict membership in such labor organization, or any rights or privileges pertaining thereto, or participation in any apprenticeship or training program on account of race, color, religion, or national origin; "(B) to use, directly or indirectly, any part of the dues, assessments, or other moneys collected from any individual covered by such an agreement for any political purpose whatsoever or for any other purpose not directly related to those purposes specified in section 9(a) for which a labor organization is authorized to act as the exclusive representative of all employees in a bargaining unit: Provided, That nothing in this subparagraph (B) shall preclude a labor organization, if otherwise authorized, from expending moneys for lobbying or other activities to promote enactment or defeat of legislation directly related to the purposes specified in section 9(a): Provided further, That nothing in this subparagraph (B) shall preclude a labor organization from establishing and administering a separate contributory fund for political purposes or for any other purpose if all contributions to such fund are collected separately and paid voluntarily by individuals; or "(C) to fine, suspend, expel or otherwise penalize, or threaten, any member for exercising, or attempting to exercise, any legal or civil right guaranteed to any person by this Act, or by the Constitution or the laws of the United States. "Provided further, That nothing in this paragraph (1) shall be construed to permit any activity or conduct which would otherwise be an unfair labor practice under section 8(b). "(2) In the event a labor organization or its agents shall engage in any activity or conduct defined as an unfair labor practice in subsection (b)(1) of this section 14, the provisions of any agreement entered into by such labor organization, which require membership therein or payment thereto of any moneys as a condition of employment, shall be illegal and unenforcible. "(3) It shall be unlawful for any labor organization or its agents to engage in any activity or conduct defined as an unfair labor practice in subsection (b)(1) of this section 14. If one or more persons shall suffer damages or injury by reason of any violation of this subsection (b) (3), he or they shall have the right for and in behalf of himself or themselves and others similarly situated to bring a civil action in a district court of the United States for such relief (including injunctions) as may be appropriate. Any such action against a labor organization shall be brought in the district court of the United States for the district where the alleged violation occurred or where the principal office of the labor organization is located." SEC. 103. The National Labor Relations Act of 1947, as amended, is further amended as follows: (a) by adding after "8" in subsection 10(a), "or 14(b)"; and (b) by striking the comma after "8(b) (7)" where it first appears in subsection 10(1) and adding "or 14(b).". SEC. 104. Section 705 of the Labor-Management Reporting and Disclosure Act of 1959 is amended by striking out "(a)" after "SEC. 705." and by striking out subsection (b) thereof. Mr. THOMPSON. The subcommittee will be in order. I would like to open these hearings with a few brief observations: about my bill, H.R. 77, and the circumstances which we find ourselves in today. |