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Exhibit No. 1608-A-1608-AAC

[Introduced into evidence in volume 24, part I, August 1, 1940.]

Correspondence Between Edmund M. Toland, Committee Council, and Charles Fahy, General Counsel to the N. L. R. B.

EXHIBIT No. 1608-A

EDMUND M. TOLAND, Esquire,

NATIONAL LABOR RELATIONS BOARD,

Washington, D. C., October 5, 1939.

General Counsel, Special Committee to

Investigate the National Labor Relations Board,

Room 139 Old House Office Building, Washington, D. C.

DEAR MR. TOLAND: I have your letter of yesterday requesting the following: 1. A list of all attorneys who have actively participated in the trial of any

case

I will have such a list prepared and forward it to you.

2. A list of the attorneys who participated and took an active part in the preparation of the findings of fact and conclusions of law and the decision and order of the Board, with the names of the cases involved.

Three copies of this material was sent to you under date of September 26. Please check this material and see if it does not cover what you have in mind.

3. All of the reports filed by Trial Examiners in reference to the conduct of the trial attorney, and the same reports, if any, that were filed by the trial attorneys regarding the conduct of the Trial Examiners. No such reports are filed either by the Trial Examiner in reference to the conduct of the trial attorney or by the trial attorney regarding the conduct of the Trial Examiner. Mr. Pratt tells me that perhaps four or five times he has had memoranda from a Trial Examiner regarding the conduct of a trial attorney; but these are Casual memoranda and there is no routine report. I will see if I can locate such casual memoranda as have been filed.

4. The number of the cases filed with the Board, the number of cases settled or dismissed before the issuance of the complaint, the number of cases settled or dismissed after the issuance of the complaint, but before hearing; the number of cases settled or dismissed during hearing, or after the hearing; the namber of cases resulting in a decision of the Board, the number of cases settled after a decision of the Board, and the number of cases prosecuted by either party in the courts.

This information is in course of preparation and will be forwarded to your as soon as possible.

Yours sincerely,

CHARLES FAHY, General Counsel.

CHARLES FAHY, Esquire,

CONGRESS OF THE UNITED STATES,

HOUSE OF REPRESENTATIVES,
SPECIAL COMMITTEE TO INVESTIGATE
THE NATIONAL LABOR RELATIONS BOARD,
Washington, D. C., October 10, 1939.

National Labor Relations Board,

Washington, D. C.

DEAR MR. FAHY: This will acknowledge receipt of your letter of October 5 I am not at all sure that I made my request clear concerning the attorneys

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who participated and took an active part in the preparation of findings of fact and conclusions of law and the decision and order of the Board. Previously, I requested and received lists of the attorneys in the review staff and the cases that they worked on, and now I want a list of all attorneys who actively participated in the trial of cases and later participated in the preparation of the findings of fact, conclusions of law and the decision and order of the Board, as well as the attorneys who are presently engaged in the preparation of findings in the particular cases that they tried as attorneys for the litigation division. Very truly yours,

EDMUND M. TOLAND, General Counsel.

CHARLES FAHY, Esquire,

EXHIBIT NO. 1608-B

CONGRESS OF THE UNITED STATES,

HOUSE OF REPRESENTATIVES,

SPECIAL COMMITTEE TO INVESTIGATE

THE NATIONAL LABOR RELATIONS BOARD,

Washington, D. C., October 2, 1939.

General Counsel, National Labor Relations Board, Washington, D. C. DEAR MR. FAHY: I have just been advised by Mr. Robb of his conference with certain of the employees of the Board regarding files in their custody. I have also been advised by him that Mr. Brock observed Mr. Condon removing some paper or material from a file which Mr. Condon denies.

I have up to this time refrained from the issuance of subpoenas on members and employees of the Board with regard to records of an administrative agency of the Government of the United States. I am reluctant to issue subpoenas, and unless I have the assurance that it is unnecessary to do so and the further assurance that all records now in the possession of the Board will be intact and preserved for our inspection, I will, of course, use the subpoena for the protection of the committee.

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DEAR MR. FAHY: I have talked with Mr. Reilly and he advises that Miss Phillips stated that all of the files of Mr. Madden were turned over to him on the day that the file cases were moved to 1024, but Mr. Reilly was not informed that any files of Mr. Madden's were in your possession or in anybody else's. I wish you would communicate with Messrs. Madden, Smith, Witt, Saposs, Pratt, Krivonos, and Condon and ask them if any of their files are now in their possession or any other employee of the Board and let me know as soon as possible. It is my understanding that when we obtain the files of any member of the Board or employee of the Board we are to obtain everything, and if anything of the files is out we should be advised at that time.

Will you also please instruct the members of the staff, particularly those in supervisory positions, that no change should be made pending our investigation in the set-up of their filing system without first conferring with you and me? I had no idea until last evening that the file that you had was one of Mr. Madden's,

With regard to the condition of some of the files that we have received and our subsequent investigation. we are not at all sure that when we ask for the fles of an individual that we are receiving everything that he has, or that is a part of his flew, so that I wish you would check with regard to the foregoing

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