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(Copy of communication to Aaron Warner, dated February 21, 1939, was received in evidence and marked “Exhibit No. 1069" and is printed in the appendix of this volume.)
(Communication from Charles A. Graham to Benedict Wolf, dated March 23, 1939, was received in evidence and marked "Exhibit No. 1070” and is printed in the appendix of this volume.)
(Copy of communication to Nathan Witt, dated April 26, 1939, was received in evidence and marked “Exhibit No. 1071" and is printed in the appendix of this volume.)
(Communication from “Nat” to Benedict Wolf, dated April 27, 1939, was received in evidence and marked "Exhibit No. 1072 and is printed in the appendix of this volume.)
(Copy of communication to Malcolm Ross, dated March 2, 1939, was received in evidence and marked “Exhibit No. 1073” and is printed in the appendix of this volume.)
(Communication from Malcolm Ross to Benedict Wolf, dated March 3, 1939, was received in evidence and marked “Exhibit No. 1074" and is printed in the appendix of this volume.)
(Copy of communication to William M. Aicher, dated February 24, 1939, was received in evidence and marked "Exhibit No. 1075" and is printed in the appendix of this volume.)
(Copy of communication to Mortimer Riemer, dated February 17, 1939, was received in evidence and marked "Exhibit No. 1076" and is printed in the appendix of this volume.)
Mr. TOLAND. May we have a 5-minute recess, Mr. Chairman, while they are marked by the reporter? At the same time, Mr. Chairman, I would like to offer in evidence in connection with the material just offered in evidence a communication from Regional Director Patterson to Secretary Witt, dated April 24, 1939.
(Communication from G. L. Patterson to Nathan Witt, dated April 24, 1939, was received in evidence and marked "Exhibit No. 1077" and is printed in the appendix of this volume.)
Mr. TOLAND. I would like to offer in evidence a copy of a telegram from Charles T. Douds, regional director, Pittsburgh, to Mr. Allen Rosenberg, dated March 21,
1939, said copy being made at the Comptroller General's office.
(Copy of telegram from Charles T. Douds to Allen Rosenberg, dated March 21, 1939, was received in evidence and marked "Exhibit No. 1078" and is printed in the appendix of this volume.)
(A brief recess was taken.) The CHAIRMAN. By direction of the Board, I wish to make a brief statement on the record. It is agreed that where these communications refer to people other than those connected with or formerly connected with the Board, that names of private individuals are to be deleted from the record, and the reason of the committee for doing that is this: That, of course, we are investigating the National Labor Relations Board, and if any person outside of the Board wanted to join in any arrangement to promote amendments or to defeat amendments, we feel that that private person had a perfect right to do so, and to put their names in this record might create an erroneous public impression, and in the interest of fairness to everybody, it is the conclusion of the committee that we ought not to print in our records the names of private individuals who may have participated in this campaign to defeat the amendments to the act.
Mr. TOLAND. Mr. Chairman, may I make a further statement? That is this, that the offer is being made only for the purpose of showing that employees of the Board used Government stationery and in some instances investigated the availability of certain individuals that were mentioned during the time that they were employed by the Government, as a result of the request which they had received from Mr. Wolf in the letter, and that the plan was brought to the attention of the secretary of the Board, at least, through a communication from the chief trial examiner to Mr. Witt, referring to a communication from Mr. Patterson, regional director at Chicago; and it is not the purpose to disclose the people that were mentioned or listed in the letter but merely to show that the Board's employees did engage in activities at the request of Mr. Wolf, the former secretary.
Mr. Wolf. I would like to point out that these letters were surrendered by me to the committee or the counsel of the committee, and the letters have been given to the press, and it seems to me that portion of the letters should not be given to the press.
Mr. TOLAND. It is going to be physically impossible to read the exhibits, in view of the ruling made by the committee, because all of the correspondence of the regional directors, in one way or another, referred to the individuals that were set forth in the letter of Mr. Wolf.
The CHAIRMAN. Well, the counsel may either file them as exhibits with the names deleted or withdraw them.
Mr. TOLAND. I have no wish to withdraw them. I want to offer them for the purpose of showing activity on the part of the Board, while they were duly appointed and designated as employees of the Board, to enforce the National Labor Relations Act, and that they were using Board stationery and Board time for another purpose.
The CHAIRMAN. All right. Let's get along with this.
Mr. Fahy. Could I ask, is the one you referred to, Mr. Toland, Mr. Patterson?
Mr. TOLAND. That is going in because that was taken from the Board.
Mr. HALLECK. And do I understand from that that you engage as a lawyer in the work that has to do with labor relations?
Mr. Wolf. No; I am doing only labor relations work, not legal work. That consists chiefly of arbitration and mediation work.
Mr. HALLECK: Arbitration and mediation?
Mr. HALLECK. Do you, in the course of your work or profession, as you are now following it, have occasion to consult with the Board or have to do with any matters before the Board ?
Mr. WOLF. I have appeared in no matters before the Board since I have left the Board.
Mr. HALLECK. You have had no connection with any case that has been before the Board ?
Mr. WOLF. That is correct. There was one case in which I attempted a settlement which was before the Board. When the settlement was unsuccessful, I withdrew from the case the settlement directly between the parties.
Mr. HALLECK. Was the case then pending before the Board ?
Mr. WOLF. That is right. I did not appear before the Board on that case either.
Mr. HALLECK. So that your work hasn't involved appearances before the Board ?
Mr. WOLF. No. I have refused to take cases which would involve appearances before the Board.
Mr. HALLECK. It has to do rather with conciliation or mediation between employees and employers ?
Mr. WOLF. Chiefly, or arbitration on the contracts between employers and employees.
Mr. HALLECK. I think that is all.
(List of letters from employers or employers' representatives commending the work of the National Labor Relations Board or its agents was received in evidence marked “N. L. R. B. Exhibit No. 42-A” and is printed in the appendix of this volume.)
The CHAIRMAN. You say you have submitted subpenas for Friday? Mr. TOLAND. Friday morning.
The CHAIRMAN. The committee will recess until Friday morning at 10 o'clock.
(Whereupon, at 12:20 p. m., an adjournment was taken until Friday, February 23, 1940, at 10 a. m.)
NATIONAL LABOR RELATIONS ACT
FRIDAY, FEBRUARY 23, 1940
HOUSE OF REPRESENTATIVES,
Washington, D.C. The committee met at 10:05 a. m., pursuant to adjournment on Wednesday, February 21, 1940, in room 362 of the Old House Office Building, Representative Arthur D. Healey, presiding.
Present: Representative Arthur D. Healey of Massachusetts.
Charles Fahy, general counsel to the National Labor Relations Board.
Acting Chairman HEALEY. All right, Mr. Toland.
Mr. TOLAND. Mr. Chairman, before I call a witness I would like to offer in evidence and make a part of the record the report of the New York State Joint Legislative Committee on Industrial and Labor Relations. This is a report just recently filed. It was a legislative study of the Labor Relations Act of the State of New York, and contains a very comprehensive study of the Trade Disputes Act of Great Britain as well as the New York statute, and it makes its recommendations to the legislature concerning certain amendments. This report may be helpful to the committee, and I offer it, not to be printed, merely as an exhibit.
(Copy of report of the New York State Joint Legislative Committee on Industrial and Labor Relations was received in evidence and marked “Exhibit No. 1079" and is on file with the committee.)
Acting Chairman HEALEY. Do you have more than one copy of that, Mr. Toland?
Mr. ToLand. Yes, sir; I will be glad to furnish you with copies. It is a very excellent report, Mr. Chairman.
Mr. Chairman, on the 19th of December, Congressman Murdock questioned Mr. Witt, secretary of the Board, as to whether he knew of any other agencies of the Government (reading): that confer with people who might be probable litigants before the Board and help in working out the strategy, if we want to call it that, and even go so far as to prepare the formal complaint for submission to the probable litigant.
Thereafter Mr. Murdock inserted an excerpt from a document entitled, "Interstate Commerce Commission Activities, 1887-1937," describing a practice of the Interstate Commerce Commission: to assist complainants in the institution of formal proceedings by preparing drafts of petitions setting out the complained facts and allegations.