EDMUND M. TOLAND, Esquire, EXHIBIT NO. 1608-K NATIONAL LABOR RELATIONS BOARD, General Counsel, Special Committee to Investigate the National Labor Relations Board, 139 Old House Office Building, Washington, D. C. DEAR MR. TOLAND: Supplementing my letter to you of October 28 in response to your letter of October 20, in which you requested that I ask Mr. Pratt to furnish a list of cases in which intermediate reports were prepared by other than the Trial Examiner, etc., you will notice that I mentioned one instance in which the Chief Trial Examiner drafted a suggested form of intermediate report after discussion of the case with the Trial Examiner, due to dissatisfaction with the Trial Examiner's draft and efforts to place it in good form. I said that I would speak to Mr. Pratt about this instance on his return and get from him the name of the case, which I did not have at the time I wrote you October 28. I now enclose a memorandum from Mr. Pratt to me under date of November 13, in which he states that the case is that of the Ourisman Cherrolet Company of Washington, D. C., and in which he elaborates upon the incident, concluding with the statement: "My criticism and redraft had to do with the language and not with the ultimate conclusion as to whether the Act had been violated or not." I should like also to state that further inquiry with regard to the Montgomery Ward and Co., Inc. and Robert Litzenberger, et al., case No. C-176, also referred to in my letter of October 28, as the case in which the trial attorney of the Board prepared for the use of the Trial Examiner after the bearing a chart of documentary exhibits and an outline of the evidence bearing on jurisdiction, reveals that the outline of the evidence perhaps went somewhat further than that relating solely to jurisdiction. Yours sincerely, CHARLES FAHY, General Counsel. INTER-OFFICE COMMUNICATION NOVEMBER 13, 1939. To: Charles Fahy. From: Geo. O. Pratt. I have your reply of October 28 to Mr. Toland's letter of October 20, ins which he requested that you furnish him with a list of cases where Intermediate Reports were prepared by someone other than the Trial Examiner. The case you referred to, in which the Chief Trial Examiner was so dissatisfied with the Intermediate Report that he drafted a suggested form for the Trial Examiner and submitted it to him after discussion of the case with the Trial Examiner, was the Ourisman Chevrolet Company of Washington, D. C, a case that arose in the Fifth Region. I think it might be of interest to Mr. Toland, if I might be permitted to elaborate slightly on this incident. The hearing was held nearly 2 years ago I believe. The first draft of the report was returned to the Trial Examiner with the comment of mine that it suffered from a fault that I had mentioned to the Trial Examiner previously, namely, that it was too argumentative. The second draft was improved slightly, but the arrangement and language were still in my opinion too intemperate. At the time the Trial Examiner was hearing a case in Tennessee and was not sure when he would be able to return. In view of that fact I prepared in longhand a redraft of certain paragraphs comprising a large part of but not the entire report. I believe that this was sent to the Trial Examiner and then later upon his return was discussed with him. My criticism and redraft had to do with the language and not with the ultimate conclusion as to whether the Act had been violated or not. G. O. P. EDMUND M. TOLAND, Esquire, EXHIBIT NO. 1608-L NATIONAL LABOR RELATIONS BOARD, Washington, D. C., November 16, 1939. General Counsel, Special Committee to Investigate the National Labor Relations Board, 139 Old House Office Building, Washington, D. C. DEAR MR. TOLAND: Under date of November 6 you requested that I have the men in charge of the Litigation, Review and Trial Examiners Divisions advise me of the articles written by any member of the respective staffs, whether or not any of the employees of the Board, particularly in these divisions, aided and assisted in the preparation of any article or furnished any material used in any article that appeared in any law review, law journal, etc., under the name of someone other than the employee of this Board. In partial compliance with this request, I am enclosing a memorandum from George O. Pratt, Chief Trial Examiner, to me under date of November 14, 1939, submitting his report for the Trial Examiner's division. I can also give you the following additional information on this subject: George J. Bott, formerly attached to the legal staff of the Detroit Office but now attached to the staff in Washington, wrote an article entitled "Procedure Under the National Labor Relations Act," published in the Detroit Law Quarterly, March 1939. Nathan Witt, formerly a member of the legal staff and now Secretary of the Board, advises me that the only matter coming within your request which he remembers is that he made suggestions respecting an article upon amendments to the Act written earlier in the year and published in one of the bulletins of the International Juridical Association. In the March 1938 issue of the National Lawyers Guild Quarterly appears an article by Joseph Rosenfarb, a member of our litigation staff, entitled "Proposed Amendments to the National Labor Relations Act." Mr. Jack Davis, of our legal staff in Philadelphia, wrote an article entitled "Rights and Duties Under the National Labor Relations Act," published in the Federal Law Journal of May, 1939. In the Harvard Law Journal, Vol. LII, No. 8, appears an article by Professor Henry Hart and Mr. Prichard on the Fansteel decision. I had nothing whatever to do with this article and did not see it until it was published; but when I was at Harvard last winter to give three lectures regarding the National Labor Relations Act I remember that during a lunch at the University with Mr. Hart and several others of the faculty I engaged in conversation with them regarding the Fansteel decision, and thereafter complied with the request of Mr. Hart for a loan of the printed record in that case. In the September 1939 issue of the Journal of the District of Columbia Bar Association appears an article on the Act by Joseph Robison of the legal staff of the Board in Washington, which I read prior to its publication and made some suggestions about it. I remember also making some suggestions with respect to draft of an article prepared by Warren Woods, our Regional Attorney in Atlanta, but I am not sure that this was ever published. My recollection is that it was prepared for the Federal Bar Association. I also recall reading an article prepared by Joseph Hoskins, our Regional Attorney at Kansas City, and I recall making suggestions about it. I do not know that this article was ever published. I will find out about this. I was consulted by Mr. Gellhorn and Mr. Linfield, of Columbia University, as to their desire to make a study of the procedure of the Board and the extent to which the Board would cooperate in a full study by them of the procedure of the Board. As you know, they have published an article on this subject in the Columbia Law Review for March, 1939, copies of which you have. Mr. Linfield, in the course of his study, interviewed me on the subject about which Mr. Gellhorn and he wrote their article. The article which I gave before the American Bar Association Convention at San Francisco in July was published in the August, 1939 issue of the American Law Journal. I will send you from time to time the additional information requested on this general subject as it is received from the various members of the staff, Yours sincerely, CHARLES FAHY, General Counsel. EDMUND M. TOLAND, Esquire, EXHIBIT NO. 1608-M NATIONAL LABOR RELATIONS BOARD, General Counsel, Special Committee to Investigate the National Labor Relations, Board, 535 Old House Office Building, Washington, D. C. DEAR MR. TOLAND: In further compliance with the request of your letter of November 6, I am enclosing herewith a list of attorneys in the Review Division of the Board with the information requested as to their connection with articles pertaining to the Board or the Act. As soon as additional information is available it will be sent to you. Mr. Hawes' reference to the article on the Board in Fortune magazine recalls to my mind that I conversed with the author of that article during his studies, and made suggestions to him and to his assistant. Yours sincerely, CHARLES FAHY, General Counsel. REVIEW ATTORNEYS WHO HAVE WRITTEN ARTICLES OR HAVE AIDED AND ASSISTED IN THE PREPARATION OF ARTICLES OR FURNISHED MATERIAL FOR ARTICLES PERTAINING TO THE NATIONAL LABOR RELATIONS BOARD, THAT HAVE APPEARED IN ANY LAW REVIEW, LAW JOURNAL, ETC. AGGER, CAROL: Wrote "The Government and Its Employees," 47 Yale Law Journal 1109 (May 1938) ALLEN, ROBT.: No article. ARNTSON, JACK: No article. BAILEY, PACKER: No article. BARROW, ROSCOE: No article. BECK, ROMAN: No article. BENNETT, MARGARET: No article. BECKERMAN, LAWRENCE: No article. BOYLS, FANNY: No article. BRANDZEL, SOL: No article. BROWNSTEIN, HARRY: No article. BUTTER, EMMANUEL: No article. COBEY, JAMES: No article. COKIN, LOUIS: No article. COMPTON, RAYMOND: No article. CONDON, ROBERT L.: While in law school wrote a comment "N. L. R. A.: Employer Domination of and Interference With a Labor Organization," 26 Calif L. Rev. 611 (July 1938). COOPER, HARRY: No article. COOPER, WALLACE: No article. COOPER, EVELYN N.: No article. CUTLER, ARNOLD: No article. DAFFAN, BLISS: No article. DAVIS, SIDNEY: No article. DELIN, BERTHA: No article. DIAMOND, BERTRAM: No article. FARMER, MARGARET: No article. FORER, JOSEPH: No article. FREUND, BERNARD: No article. FUCHS, HERBERT: No article. GALTON, HERBERT: No article. GARRETT, SYLVESTER: No article. HARRINGTON, DANIEL J.: No article. HARRIS, A.: No article. HARRIS, M.: No article. HAWES, ALEXANDER B.: Gave oral information to the authors of the following articles: 1. Article on "National Labor Relations Board Procedure" in Col. L. Rev., by Walter Gellhorn. 2. Article on the National Labor Relations Board in Fortune Magazine. HERTZMARK, MARCIA: No article. HOBAN, ALBERT: No article. KARASICK, DAVID: No article. KAY, WENDELL P., Jr.: 1. While in law school edited a comment "Actions Against Labor Unions for Inducing Breach of Contracts," 32 Ill. L. Rev. 568 (at p. 611). 2. While in law school edited two case notes: “National Electric Products” and "Mackay Radio," 32 Ill. L. Rev. 353 and 373, respectively. 3. Wrote a review of Brooks' book, “Unions of Their Own Choosing,” 34 Ill. L. Rev. 111 (May 1939). KHEEL, THEODORE: No article. KILLIAN, FREDERICK: No article. KLAUS, IDA: No article. KOLLENDER, MORTIMER: No article. KOPLOW, GEORGE: No article. KORETZ, ROBERT: No article. KRAMER, ROBERT: 1. While in law school assisted note, "The State Labor Relations Acts," 51 Harv. L. Rev. 722. 2. While in law school assisted recent case, "Apex Hosiery," 51 Harv. L. Rev. 169. Both articles contained references to the National Labor Relations Board though they do not mainly concern the National Labor Relations Board. KRUG, JACOB: No article. LANDY, ANN: No article. LEHMANN, HENRY: No article. LEWITTES, AARON: No article. LICHTENSTEIN, HOWARD: Assisted in writing an appendix to “Characteristics of Company Union" (1935), Bulletin No. 634 of the Bureau of Labor Statistics. LIND, ALLAN: No article. LINDQUIST, LEONARD: No article. LIPPMAN, SOLOMON: No article. LITTLE, WILLIAM: 1. Before coming to work for the Board wrote "Homestead Exemptions", 12 Wisc. L. Rev., No. 1. 2. Before coming to work for the Board wrote "Appropriate unit for Collective Bargaining." 12 Wise. L. Rev., No. 3. 3. Before coming to work for the Board wrote "Work of the Wisconsin Supreme Court in Contracts 1937-8", 1939 Wisc. L. Rev., No. 1. LOEB, EDNA: No article. LUSH, PHILIP: No article. MILLER, N. BARR: No article. MORRIS, STANLEY: No article. MORRIS, WILLARD: No article. MEIGS, RICHARD: No article. NOLTE, WALTER: No article. ODISHO, JOHN: No article. ROLAND, LOUIS: While in school supervised writing of a note in 37 Col. Law Review 816, which touches indirectly upon the N. L. R. A. ROSENBERG, GILBERT: No article. SANDLER, WOODROW J.: No article. SCHEUNEMAN, EDWARD: While in law school wrote "National Labor Relations Act v. The Courts," 11 Rocky Mtn. L. Rev., April 1939. SEELEY, F. HAMILTON: No article. SELLERY, HARRY: No article. SHARFMAN, WARREN L.: About October 1, 1938, submitted draft of article "Reinstatement of Strikers Charged With Violence Under the N. L. R. A." to the International Juridical Association for publication in the I. J. A. Bulletin. In Volume 7, No. 5 of the I. J. A. Bulletin an article appeared entitled "The National Labor Relations Board Does Not Condone Force" which was on the same general subject but was substantially different. Does not know to what extent his article was used, if at all, in the preparation of the article appearing in the bulletin. STIX, WILLIAM: Before starting to work with the Board wrote "The Appropriate Bargaining Union Under the Wagner Act" 23 Washington Univ. L. Qr. 156 (February 1938). STRONG, WILLIAM: No article. SUGERMAN, SIDNEY: No article. WILLIAMS, RICHARD: No article. EXHIBIT NO. 1608-N NATIONAL LABOR RELATIONS BOARD, EDMUND M. TOLAND, Esquire, General Counsel, Special Committee to Investigate the Washington, D. C. DEAR MR. TOLAND: Please refer to your letter of November 25 and mine of November 28. As requested, I enclose the list sent you originally under date of November 21 of cases of which the Board itself took jurisdiction, as distinct from the cases which were first proceeded with in the Regional offices and later transferred to the Board, with the names of the Trial Examiners as well as the name and number of the case, the Board attorney at the trial and the review attorney. You will see that in several the Board or members of the Board presided at the hearing. |