Mr. BYLE. I might say that at that hearing it was my understanding that the attorney for the Labor Board was not there as an examiner. Mr. Dudley was the examiner, and this particular attorney kept jumping up, and when the C. I. O. attorney couldn't think of anything to say he put the words into their mouths. It was more or less helping him along.

I went down there as a witness to testify why we should be on the ballot, but it wasn't necessary for me to testify because even the examiner could see that we were entitled to be on the ballot, and it was stipulated that we would be on the ballot.

Mr. HEALEY. You don't know, do you, that a hearing is required under the statute before these elections are held?

Mr. BYLE. No; I don't.

Mr. HEALEY. Mr. Chairman, to establish that fact, I would like to ask Mr. Fahy if he won't inform the committee whether or not such procedure is necessary?

Mr. TOLAND. Ask him also if they haven't certified without hearings.

Mr. HEALEY. I would like to ask him to make that statement.
Mr. FAHY. Section 9 (c) provides that (reading):

Whenever a question affecting commerce arises concerning the representation of employees, the Board may investigate such controversy and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation the Board shall provide for an appropriate hearing upon due notice

and so forth.

I assume the hearing you are referring to is that hearing.

Mr. ROUTZOHN. You don't mean that makes it mandatory on the part of the Board to have a hearing in every instance, do you? Mr. FAHY. Yes; we have so construed the statute unless there is

consent.

Mr. ROUTZOHN. It says "may."

Mr. FAHY. It says "The Board shall provide."

Mr. ROUTZOHN. Before that.

Mr. FAHY (reading):

may investigate such controversy and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the Board shall provide for an appropriate hearing upon due notice.

Mr. HALLECK. Have you certified some without hearing, Mr. Fahy? Mr. FAHY. No.

Mr. HALLECK. Couldn't you under the provision by which it says that you can determine by election or by any other suitable means? Mr. FAHY. After the hearing.

Mr. HALLECK. But never before the hearing?

Mr. FAHY. Never before the hearing. Of course, we hold many consent elections where the hearing is not held.

Mr. TOLAND. You have consent certification.

Mr. FAHY. Not formal certification under the act. We have the certification as to who won the election, but not statute certification. I think by appropriate waiver of the right of hearing certification might be possible. We are working on that now. It has not been done.

Mr. TOLAND. I am through, Mr. Chairman. (The witness was excused.)

Mr. MURDOCK. Mr. Chairman, there is one observation I would like to make, and that is this: Counsel made the statement that all witnesses called are witnesses of the committee. I don't think that there is any question about that. He tells them to be here, whether they come from the Board or any other place. He says they are witnesses called by this committee, but I also want to state that our counsel has been given, as I understand it, the widest latitude in the selection of witnesses, and I would further like to suggest at this time that it occurs to me that where you have, as we have in this case, 1,164 men belonging to C. I. O. and 1,072 belonging to A. F. of L., that where we call witnesses from one organization, in order to get the full picture, witnesses should also be caalled from the other organization. Mr. TOLAND. I will be glad to call them.

The CHAIRMAN. For a few minutes the committee wants to discuss the matter.

(Off-the-record discussion by the committee.)

The CHAIRMAN. The committee will stand adjourned until next Wednesday at 10 o'clock.

(Whereupon, at 1:05 p. m., an adjournment was taken until Wednesday, February 28, 1940, at 10 a. m.)

APPENDIX

EXHIBIT NO. 1009

NATIONAL LABOR RELATIONS BOARD, LODGE 301

MINUTES OF REGULAR MEETING OF MARCH 24, 1938, HELD IN ROOM 442, AT 8:15 P. M. Owing to the illness of the Secretary the minutes were recorded by Helen White. The following new members were admitted by acclamation: Murray Neidleman, Miss Prince, Orville Wendlend, Aline Smith and Florence Rowley of the Pool and Mrs. Grossberg and Mrs. Herman of the New York Office.

It was moved and carried to defer to the next meeting the minutes of the meetings of March 10 and 22 and the communications.

Mr. Stern, reporting for the Grievance Committee stated (1) that a pool meeting was scheduled for March 31 for the purpose of electing a new pool committee and of discussing a rotation plan; (2) that the Committee recommended that copies of the Union agreement be sent to all supervisors and (3) that complaints had been received from the N. Y. office in regard to unfair labor conditions there. Mr. Stern further stated that the Grievance Committee had advised the New York members to present their grievances to Mrs. Herrick, which was done but without satisfactory results. A motion was made that Lodge 301 defray traveling expenses of one or two employees from the New York office to Washington in order to present their problems to the Board, if such action should be necessary. The motion was carried. The report of the Grievance Committee was then accepted.

The report of the sub-committee of the Executive Committee on disaffiliation from the AFGE and amalgamation with the Lawyers Union stated that the results of the referendum held among the members of Lodge 301 on this subject showed 91% in favor of disaffiliation and 89% in favor of amalgamation. More detailed results are shown in the report attached hereto. It was moved and carried to accept the report and to refer it to the Executive Committee for contemplation of results and proper action.

The report of the Program Committee described the buffet supper and dance to be held April 12 under the auspices of the Lawyers Union and Lodge 301 and announced that a bicycling party was scheduled for Sunday. The report stood approved.

Miss Rice, reporting for the Publicity and Education Committee stated that Harry Balmer and Ruth Weinstein were new appointees to that committee. These appointments were ratified and the report was accepted.

The Membership Committee report, as recorded in the written memorandum of March 24, 1938 was then given and accepted.

Mr. Kaufman, reporting for the Legislative Committee, recommended the passage of the resolution endorsing the O'Connell Peace Act. After considerable discussion the resolution was carried. The report of the committee was approved. In conjunction with the report of the Inter-Union Committee it was recommended that the Lawyers Union and Lodge 301 sit together at the mass meeting Monday night under the auspices of Washington Peace Groups and introduce a resolution. Misses Lester and Rastoff were selected to serve on a committee to meet with the Lawyers at lunch on Friday to discuss the arrangements for the meeting. It was then moved and carried that $10 be donated to the Washington Friends of Spanish Democracy.

Mr. Richard H. Crawford, National Income Section, Department of Commerce, then spoke on "Your Income and Your Life." The meeting concluded with doughnuts, cider and music from "Pins and Needles."

Respectfully submitted,

HELEN WHITE.
STELLA LEVY.

EXHIBIT NO. 1010

(Minutes of Regular Meeting of November 9, 1937 (Mrs. Eden's Files-"Minutes and Agenda-Lodge"), page 2, paragraph 8. The Recreation Association is accused of and censured for non-union and racially prejudiced attitude in resolution adopted by the Union.)

(NOTE. This Recreation Association probably refers to a group of employees of the National Labor Relations Board and a dance which they were sponsering. ) Miss Kitay then reported for the Program Committee and indicated her selections of Mr. Marsden, Mr. Silverberg, and Mrs. Branson Price of the National Mediation Board to constitute the Program Committee. It was moved and carried to accept these recommendations.

In view of the poor response to the poll that had been conducted to determine the time and place of meetings, it was moved to table this matter. This motion was carried.

The following motions were then moved and carried:

That regular meetings of the Lodge be held twice a month;

That the Constitution be amended by providing that officers be elected to hold office for one year instead of six months, beginning with the next administration; That the secretary be authorized to post a notice on the bulletin board advising all old members who had not received union cards to contact her; and

That the treasurer be authorized to appoint representatives on each floor to assist her in collecting monthly dues.

A resolution condemning racial prejudice and resolving that Lodge 301 would not support any group engaging in activity involving such prejudice nor engage in such activity itself was then read to the membership. It was moved to amend the resolution: first, by condemning the Recreation Association for having its tickets printed in a non-union shop; second, by stating that the policy embodied therein was to apply to future activities of the Recreation Association and not to the current dance; and third, by adding to the resolved clause the statement that the Union would like some sort of explanation from the Recreation Association in regard to its non-union and prejudiced attitude in the above instance. These amendments were carried and the resolution was accepted. Mr. Marsden then tendered his resignation from the Union without explanation. It was moved and carried that action on this matter be referred to the Executive Committee. The following motions were then made, seconded and carried:

(1) That the Education and Publicity Committee investigate the educational program instituted by the Social Security Union and adopt a similar program for Lodge 301;

(2) That the Executive Committee be instructed to prepare a report for the membership at the next meeting, reviewing our past connections with the A. F. G. E.; and

(3) That the next meeting be held on Tuesday, two weeks from the present meeting.

There being no further business, on motion duly seconded and carried, the meeting was adjourned. Respectfully submitted,

STELLA LEVY, Secretary.

(1. Minutes of Regular Meeting of December 9, 1937 (Mrs. Eden's Files"Minutes and Agenda-Lodge"), page 1, paragraph 8. "Miss Rastoff then described for the members of the conference of the American League for Peace and Democracy which she had attended on November 29, in Pittsburgh.")

NATIONAL LABOR RELATIONS BOARD, LODGE 301

MINUTES OF REGULAR MEETING OF DECEMBER 9, 1937, HELD IN ROOM 442
AT 4:45 P. M.

The meeting was called to order by the President. The following new members were then admitted without dissent:

Lawrence Beckerman, Helen Roark, Grace Purdy, all of the Washington Office. The minutes of the regular meeting of November 23 and the Executive meeting of December 6 were read and accepted. The secretary read or stated the contents of several communications as listed on the written agenda for the meeting of December 9.