I will admit, as the Secretary has suggested, that had we never raised this question, there would have been no doubt as to our ability to sit down and bargain.

Mr. HOFFMAN. You are right.

Mr. CROSS. Then with this union. That is right. Because we were operating in Federal buildings and because of the loyalty campaign, the trustees felt we should raise the question.

We raised the question. We submitted the matter to the National Labor Relations Board for an election. The NLRB advises us that this union is in-eligible to bargain with us. It seems to me at that stage of the game you met a legal Rubicon. Mr. SCHWELLENBACH. That paragraph does not say that; I am sorry. Mr. HOFFMAN. Read it in the record. Mr. Cross. Well

Mr. SCHWELLENBACH. You are thinking about your dispute for the moment, and I am thinking about 50,000 others.

"Its failure," that is, the union's failure, "to meet these requirements,” that is, file the affidavit, "renders the above organization ineligible for certification as a bargaining representative of any unit of your employers and likewise ineligible to invoke any of the processes of this Board in the protection of any of their members.

"In view of this, no election which might be held would be determinative of any rights asserted by the organization named.”

I construe that—General Grant sent me a copy of it—to mean that an employer, if he wants to, can bargain or, if he has reasonable ground to believe that the union is no longer representative of the employees, ask for an election.

But I do not believe that it means that they cannot. Frankly, I would have to disagree with you that you cross some Rubicon because you ask it.

Mr. HOFFMAN. As I understood the witness, he does not disagree with you on that. He says having once crossed this line and sought the advice of the Government and received it he has taken a position. What do you say about this proposition?

link hat an organization which is operating in a Government building or dealing with the Government should not endeavor to comply with the National Labor Relations Board and the act?

Mr. SCHWELLENBACH. Yes; I certainly do.
Mr. HOFFMAN. You think they should ?
Mr. HOFFMAN. That is just what this organization is doing; is it not?
Mr. SCHWELLENBACH. That is what we have been telling them, too.

Mr. HOFFMAN. The organization here is asking the union to comply with the provisions of the Taft-Hartley Act. There is nothing wrong about that?

The union sits back and says "we don't want any of that.” Inasmuch as this organization is operating in Government buildings, I should think it would have some obligation to go along with Government policy which calls for these affidavits. I do not see how the corporation here can take any other position than it has taken.

Then you come along and close their place of business.

Mr. SCHWELLENBACH. I have presented all of the reasons that I can think of to justify my position.

Mr. HOFFMAN. All right.

Mr. SCHWELLENBACH. I am very glad that you take a broader view of it than just simply say that since the union has not qualified, that that is the sole reason why you cannot bargain with them.

Mr. CROSS. That did not seem to be the sole reason which started this controversy. I did not mean to engage in an argument with the Secretary. I simply wanted to cite those two points.

Mr. HOFFMAN. It is very helpful.
Mr. Smith, do you have some questions you wanted to ask Mr. Ayers?
Mr. Smith. No. I would like to get the head of the union.
Mr. HOFFMAN. He is not here.
Mr. FISHER. Did you want to question Mr. Cross ?
Mr. HOFFMAN. No. You question him.

Do you

Mr. FISHER. Mr. Cross, except for the requests from General Fleming and except for the requests from Marshal Waggaman, those two cafeterias would be open and operating; is that correct?

Mr. Cross. That is my understanding.
Mr. Ayers. That is true; that is right, sir.

Mr. FISHER. Did you have contracts with both unions, the CIO and the A. F. of L.?

Mr. AYERS. We have only one contract with the A. F. of L., and that is the Butcher's Union, about 10 employees. We have no contract with the cafeteria workers, with the A. F. of L.

Mr. FISHER. Are you familiar with the jurisdictional dispute that has been referred to here?

Mr. AYERS. To this extent; that is, when the strike took place we were notified by the A. F. of L., I think, that there were a number of articles published in the papers that they were interested in organizing the employees.

Mr. HOFFMAN. Strictly speaking, there is no jurisdictional dispute; there?

What the A. F. of L. is doing, is trying to do, would be as the CIO stated, they are trying to raid the membership of the other union.

That is the way the CIO would put it. The A. F. of L. probably says the CIO union here is no good, and they want to give the employees a good one.

Mr. FISHER. Down on this-do you know if the A. F. of L. union has complied with the law?

Mr. AYERS. In their announcements that I have seen they have made the statement that they have signed.

Mr. Fisher. In other words, they have signed the affidavits that none of their officers are members of the Communist Party, and so forth?

Mr. AYERS. That is right. Mr. FISHER. But the CIO union, the one that went on strike, refuses to make affidavits; that is, their officers refuse to make affidavits that they are not members of the Communist Party.

Mr. AYERS. That is right.

Mr. FISHER. There is quite a bit of evidence to the effect that the CIO union is a Communist-dominated union; is there not? Or do you want to express an opinion on that?

Mr. AYERS. We have some material along that line which we will be glad

Mr. Fisher. What you want to do is to do business with a union that is willing to conform with the laws of this land, and you prefer to do business with a union that does not have Communists for officers; is that correct?

Mr. AYERS. That is right.

Our trustees, in making this decision, felt that they were morally bound to take this step because of the loyalty check on the Government workers in the Government buildings, sir.

We operate solely on Government property, and their employees come into the buildings where they are having a loyalty check. It was for that reason that they made this request of the union.

Mr. FISHER. I commend you for abiding by the request.
That is all, Mr. Chairman.

Mr. HOFFMAN. The employees who work in these places have to take the loyalty test; do they not? The Federal employees?

Mr. AYERS. Yes.

Mr. HOFFMAN. And you wanted the workers who served them to take a like test or at least, to comply with the Federal law?

Mr. AYERS. We wanted to know that the union representing these employees complied; yes.

Mr. HOFFMAN. You were afraid if you had people who were Communists in your employ they might feed some of that dictrine as well as the food to the Federal workers?

Mr. AYERS. We felt we were complying with the law of the land when we were doing it.

Mr. HOFFMAN. Is Mr. Chapman here?

Do you solemnly swear that the testimony you are about to give shall be the truth, the whole truth, and nothing but the truth, so help you, God?

Mr. CHAPMAN. I do.
Mr. HOFFMAN. Mr. Smith, will you take the witness?


Washington, February 9, 1948.
Chairman, Committee on Expenditures in the Executive Departments, Washington

D. C. DEAR CONGRESSMAN HOFFMAN: This will acknowledge your letter of February 7, 1948, requesting me to furnish you with a list of names and a brief summary of the background of the heads of all the bureaus within the Department of Labor, and of any other persons in the Department who make policies on the various programs of the Department. I assume that this request supplants your oral requests of February 5 made during the hearings on Reorganization Plan No. 1, 1948.

In the day-to-day operations of the Department the heads of the bureaus, and in their absence their deputies, have the authority to carry out the programs of the Department. In this connection it is sometimes difficult to distinguish between administrative determinations and policy determinations. Many policy determinations are therefore made by the bureau heads. In the event major policy questions which have not been previously determined arise the heads of the bureaus, or their deputies, discuss the matter with Mr. David A. Morse, the Under Secretary. In many instances the questions are resolved at that point. In certain cases, however, after a discussion with Mr. Morse the question is presented to me for final determination of the policy. For example, the day-to-day operations of the United States Employment Service are carried on under the direction of Mr. Robert C. Goodwin, Director, and Mr. Edward L. Keenan, Deputy Director. If any major policy question arises it is discussed with Mr. Morse, and if not resolved at that point, it is then referred to me for determination. The same is true with respect to all other bureaus and divisions in the Department of Labor.

In response to your request for the names and brief summaries of the background of the persons within the Department of Labor, I submit the following:


L. B. Schwellenbach, Secretary of Labor

Born in Superior, Wis., September 20, 1894. Received LL.B. degree at the University of Washington in 1917; LL.D. degree at the Washington State College in 1945. United States district judge, eastern district of Washington, 1940–45; dean of the Law School of Gonzaga University, 1944-45; United States Senator, 1935–40; president, board of regents, University of Washington, 1933-34; president, Alumni Association, University of Washington, 1928; commander, American Legion, Department of Washington, 1922; assistant instructor, University of Washington, 1916–17; admitted to Washington bar, 1919, and practiced in Seattle; associated with firm Roberts & Skeel, 1919–21; associated, Schwellenbach, Merrick & MacFarlane, 1925–31. Private practice, 1931-35; private Twelfth Infantry during World War I; delegate, Interparliamentary Union, The Hague, 1938; member, American Council Institute of Pacific Relations, American Society International Law, American Academy of Political and Social Science, American Bar Association, Regional Board of Legal Examiners, Rotary Club of Spokane, advisory board, Salvation Army (Spokane). Became Secretary of Labor July 1, 1945.

OFFICE OF THE UNDER SECRETARY David A. Morse, Under Secretary of Labor

Mr. Morse was born in New York, N. Y., on May 31, 1907. He received an Litt. B. from Rutgers College in 1929, and an LL. B. from Harvard in 1932. He was a law clerk with the firm of Coult, Satz & Tomlinson, Newark, N. J., from 1932 to 1933, and was admitted to the New Jersey bar in 1933. He became a member of the Solicitor's staff of the United States Department of the Interior in 1933, becoming chief counsel of the Petroleum Labor Policy Board of the Department of the Interior in 1934, and serving as special assistant to the United States Attorney General in 1934 and 1935. From 1935 to 1938, Mr. Morse was regional attorney of the New York region of the National Labor Relations Board, becoming a partner of Coult, Satz, Tomlinson & Morse in 1938. •From 1940 to 1942 he served as impartial chairman of the milk industry in the metropolitan area of New York City. He became first lieutenant in the Army of the United States in 1942, advancing through the grades to lieutenant colonel. His assignments while in the Army included serving as chief of the labor division, allied military government, in charge of labor policy in Sicily and Italy; chief of the labor section, United States group, control council for Germany, and director of labor, military government group working with British, French, and Russians to reach uniform labor policy for all occupied Germany. He was appointed general counsel of the National Labor Relations Board in 1945; Assistant Secretary of Labor in 1946, and Under Secretary of Labor in 1947.

OFFICE OF THE SOLICITOR William S. Tyson, Solicitor of Labor

Mr. Tyson was born in Greenville, N. C., February 10, 1905. He attended the University of North Carolina from 1921 to 1927, receiving B. S. and LL. B. degrees. From 1933 to 1934 he was an assistant counsel in the Federal Land Bank; from 1935 to 1939 he was in the private practice of law in Greenville, N. C. In 1939 he became an assistant attorney in the Wage and Hour Division with the Department of Labor, and with the centralization of the legal services of the Department in 1942, senior attorney in the Office of the Solicitor. He became Assistant Solicitor in 1944; Associate Solicitor in 1945, and Solicitor in 1946. Jeter Ray, Associate Solicitor of Labor

Mr. Ray was born October 1, 1908, in Newport, Tenn. From 1926 to 1928 he attended Tennessee Wesleyan Junior College and the University of Tennessee from 1928 to 1930, receiving an A. B. degree in 1930. He received his LL. B. from Duke University which he attended from 1930 to 1932. Mr. Ray practiced private law in Newport, Tenn., from 1932 until 1940. He was a member of the Tennessee General Assembly for the 1935 session. He is a member of the bar of the State of Tennessee, and of the United States Supreme Court. In 1940 he became an attorney in Nashville with the Wage and Hour Division of the Department of Labor. From 1942 until 1945 he was regional attorney for the Office of the Solicitor in Nashville, Tenn. From 1945 until 1946 he was an Assistant Solicitor in the Office of the Solicitor, and from 1946 until the present date has been Associate Solicitor in the Office of the Solicitor.


Robert K. Salyers, Director, Veterans' Reemployment Rights Division

Mr. Salyers was born on March 22, 1907, in Carrollton, Ky. He attended the University of Kentucky from 1924 to 1926, and Eastern Kentucky State Teachers College from 1927 to 1929, receiving an A. B. degree from the latter institution. During 1932 and 1933 he was engaged in graduate work in economics at the University of Kentucky. From 1929 to 1932 he was advertising manager for the Moore Corp. of Joliet, Ill.; from 1933 to 1934 he was publicity agent for the Kentucky Educational Association, becoming assistant to the president of the University of Kentucky in 1934, where he remained until 1936. In 1935 he served on a part-time basis as assistant State director of the National Youth Administration in Kentucky, becoming full-time deputy State director in 1936. From 1937 to 1942 he served as State administrator of the National Youth Administration for Kentucky, becoming deputy regional administrator of the National Youth Administration for the States of Michigan, Iowa, and Kentucky in June 1942. He was called to active duty in the United States Naval Reserve in July 1942, serving as personnel officer and flag secretary of the naval operating base in Iceland; as interviewing officer in naval officer procurement in Chicago, and in the Navy separation program. He completed his service in the Navy as Assistant Director of the Operations Division of the demobilization activity of the Bureau of Naval Personnel, and became Special Assistant in the Retraining and Reemployment Administration of the Department of Labor in 1946. In June of that year he became Assistant Administrator in charge of the field service in Retraining and Reemployment Administration, becoming Director of the Veterans' Reemployment Rights Division of the Department of Labor in June of 1947.

DIVISION OF LABOR STANDARDS William L. Connolly, Director, Division of Labor Standards

Mr. Connolly was born November 16, 1896, in Pawtucket, R. I. He took special part-time courses at Brown University, Providence College, and Yale, between 1925 and 1937. In 1911 he was employed by the Pawtucket Times and remained as compositor there until 1934, except for the period of his naval service from 1918 to 1921. From 1934 to 1936 he was international representative of the typographical union in New England, New York, and Canada. From 1936 until 1938 he was a high-school teacher in the Pawtucket, R. I., Senior High School. From 1938 until 1941 he was director of personnel for the city of Pawtucket. In 1941 Mr. Connolly was appointed director of labor in the State of Rhode Island. He held this position until February 1947, when he was appointed Director of the Division of Labor Standards, Department of Labor, Washington, D. C. In addition to his regular employment, Mr. Connolly was head of the State Federation of Labor (Rhode Island) from 1933 to 1943. From 1933 to 1936 he was also president of the New England Typographical Union. Clara M. Beyer, Associate Director, Division of Labor Standards

Mrs. Beyer was born in Middletown, Calif., April 13, 1892. She graduated from the University of California with a B. S. degree in 1915 and received an M. S. degree in 1916. From 1915 to 1917, she was an assistant instructor in economics at the University of California. In 1917 and 1918, she was an instructor in economics and politics at Bryn Mawr College. In 1918, she became a member of the executive staff of the War Labor Policies Board, Washington, D. C. From 1918 to 1921, she was executive secretary of the Minimum Wage Board, Washington, D. C. She served as executive secretary of the Consumers' League in New York City from 1922 to 1923, and became executive secretary of the same organization in 1927, which position she occupied until 1928. In 1928, Mrs. Beyer became an associate economic analyst with the Children's Bureau, Department of Labor. In 1931, she became Director of the Industrial Division, Children's Bureau. In 1934, she transferred to the Division of Labor Standards as Assistant Director of the Division. She became Associate Director of the Division of Labor Standards, Department of Labor, in 1947.

BUREAU OF LABOR STATISTICS Ewan Clague, Commissioner of Labor Statistics

Mr. Clague was born in Prescott, Wash., on December 27, 1896. He received an A. B. degree from the University of Washington in 1917, and served in the United States Army from 1917 to 1919. He received an A. M. degree from the University of Wisconsin in 1921, and a Ph. D. in 1929. From 1919 to 1921 he was an instructor in economics at the University of Washington, and from 1921 to 1926 he was an instructor in economics at the University of Wisconsin. From 1926 to 1928 he was with the Conciliation Service and the Bureau of Labor Statistics of the United States Department of Labor. In 1928 and 1929 he was research assistant in the Business Research Bureau of the Metropolitan Life Insurance Co., and in 1930 he became research assistant in the Institute of Human Relations at Yale University. He became director of research for professional social research in the Pennsylvania School of Social Work in Philadelphia in 1931, where he remained until 1936, when he became Associate Director of the Bureau of Research and Statistics in the Social Security Board, becoming Director in 1937. He served in that capacity until 1940, when he became Director of the Bureau of Employment Security of the Social Security Board. He became Commissioner of Labor Statistics in 1946. Aryness Joy Wickens, Assistant Commissioner

Mrs. Wickens was born January 5, 1901, in Bellingham, Wash. She received an A. B. degree from the University of Washington in 1922, and an A. M. from the University of Chicago in 1924. She was an instructor in economics at Mount Holyoke College from 1924 to 1928. From 1928 to 1934 she was an economist with the Federal Reserve Board, and from 1934 to 1937, with the National Emergency Council and Central Statistical Board. She has been in the Bureau of Labor Statistics since 1937 as assistant to the Commissioner, Chief of the Price Branch, and from 1945 as Assistant Commissioner. Robert J. Myers, Assistant Commissioner

Mr. Myers was born in Knoxville, Iowa, on June 6, 1904. He received an A. B. degree from Washburn College at Topeka, Kans., in 1926, an M. A. from the University of Chicago in 1928, and a Ph. D. from the University of Chicago in 1937. He was employed by the Goodrich Rubber Co. in 1928 and became instructor in economics at MacAlester College in St. Paul, Minn., in the same year. He was an instructor in economics at Grinnell College, Grinnell, Iowa, in 1929 and returned to graduate work from 1930 to 1932. In 1932 Mr. Myers became chief statistician with the Illinois Emergency Relief Commission and from

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