matter will be made a part of the record. I hope you will send all of the material to me as soon as possible. Very truly yours N. L. R. B. EXHIBIT No. 320-H APRIL 29, 1940. EDMUND M. TOLAND, Esq., General Counsel, Special Committee to Investigate the National Labor Relations Board, 535 Old House Office Building, Washington, D. C. DEAR MR. TOLAND: This will acknowledge your letter of April 24, 1940, concerning my repeated requests that N. L. R. B. Exhibits 229 to 234, Committee Exhibits 1087 to 1092-resolutions from A. F. of L. unions, opposing amendments to the Act, with covering letters- take their place in the official record of the proceedings, to which they were duly admitted on Februry 28, 1940, and be printed. You state that "the immaterial matter which was removed should be turned over to the Committee as soon as possible." Apparently, you are not aware that, shortly after the introduction of the documents in evidence before the Committee, the immaterial matter to which you refer was removed from the exhibits by Mr. Brock of the Committee and Mr. Rosenberg of the Board, pursuant to the direction of the Chairman of the Committee and at your suggestion, and has since been retained by the Committee I, therefore, respectfully repeat my request that these exhibits be promptly printed in the official record of the proceedings. Yours Very truly, MAY 16, 1940. EDMUND M. TOLAND, Esquire, General Counsel, Special Committee to Investigate The National Labor Relations Board, 535 Old House Office Building, Washington, D. C. DEAR MR. TOLAND: Some of the Board files are being returned, after use by the Committee, in very wretched condition. The files in the American Radiator Company case and in the Mobile Steamship Association case are illustrations. The Board's files are entitled to better care, and I should appreciate your giving some attention to the problem. I must again protest the failure to print the exhibits referred to in my letter of April 29. Since this evidence was admitted, the withholding of printing of it so that it is unavailable to those who read the record is in my opinion without justification. Yours very truly, CF:MEF General Counsel. N. L. R. B. EXHIBIT No. 320-J NOVEMBER 15, 1939. Hon. HOWARD W. SMITH, Chairman, Special Committee to Investigate MY DEAR CONGRESSMAN SMITH: The Regional Directors of the Board at the Regional Offices located in San Francisco and Los Angeles, California, have been subpoenaed under dates, respectively, of November 7 and 8 to appear before your Committee and bring with them their files, records, et cetera, the return dates of the subpoenas being December 1, 1939. The subpoena served on the Regional Director at San Francisco indicates that a hearing may be held beginning that day at the Federal Building in San Francisco; and the subpoena served on the Regional Director at Los Angeles indicates that a hearing may beign ( December 1 in Washington. At this time the Board respectfully requests the opportunity, by counsel, to examine or cross-examine witnesses who testify at any hearings of the Committe The Board also respectfully requests a timely opportunity to call witnesses and introduce evidence in documentary or other form pertinent to the resolution, at hearings held in Washington or elsewhere. Should hearings be held in California in December or later the Board alrespectfully requests that it be afforded the opportunity before such hearings an concluded in California to call witnesses and introduce testimony in Californa bearing on evidence or testimony previously introduced or pertinent to an understanding and appreciation by the Committee of the work of the Board on the West Coast. Yours sincerely, /s/ CHARLES FAHY, CC to Messrs. Healey, Murdock, Halleck and Routzohn. General Counsel. N. L. R. B. EXHIBIT No. 320-K NOVEMBER 15, 1939. EDMUND M. TOLAND, Esquire, General Counsel, Special Committee to Investigate the National Labor Relations Board, House Office Building, DEAR MR. TOLAND: I am enclosing a copy of a letter dated November 15, 193to the members of the Special Committee. It seemed to me that the nature of this letter required me to send it direct to the members of the Committee rather than to follo w the usual custom of addres ing it to you. Encl. Is! CHARLES FAHY, Mr. CHARLES FAHY, N. L. R. B. EXHIBIT NO. 320-L HOUSE OF REPRESENTATIVES SPECIAL COMMITTEE TO INVESTIGATE THE General, Counsel, National Labor Relations Board, Washington, D. C. DEAR MR. FAHY: I have your letter of November 15 addressed to Judge Sm.th together with your letter addressed to me. The committee will take this matter up, and I am sure will instruct me to communicate with you some time in the future. Very truly yours, N. L. R. B. EXHIBIT NO. 320-M DECEMBER 13, 1939. EDMUND M. TOLAND, Esquire, General Counsel, Special Committee to Investigate Washington, D. C. DEAR MR. TOLAND: Several days ago you told me that I would receive a letter in answer to my letter of November 15, in which the Board requested the oppor tunity to examine and cross-examine witnesses and to introduce testimony, Sar I have not heard from you further, I should appreciate being advised in answer to my letter of November 15 to the Committee. The Board would like from time to time to have the opportunity of putting on testimony with respect to matters which have been previously testified about, so as to give to the Committee timely information on such subjects. Will you kindly advise if this will be permitted. Yours sincerely, General Counsel. CC: Messrs. Smith, Healey, Murdock, Halleck and Routzohn. N. L. R. B. EXHIBIT No. 320-N CHARLES FAHY, Esquire, General Counsel, HOUSE OF REPRESENTATIVES SPECIAL COMMITTEE TO INVESTIGATE THE National Labor Relations Board, Washington, D. C. DEAR MR. FAHY: This will acknowledge receipt of your letter of December 12. I believe the Chairman stated to you fully and completely from the record the Committee's position in regard to the matters contained in your letter. Yours very truly, DEAR MR. TOLAND: This will acknowledge your letter of December 14. I do not agree that the Chairman's statement to me during the hearings on December 12 constitutes full advice to me of the Committee's position with respect to the subject matter of my letter of December 12. Yours sincerely, DEAR MR. FAHY: In answer to your letter of December 18 in which you state that you do not agree with me that the Chairman's statement to you during the hearings constitutes full advice to you as of the Committee's position, I suggest that you again take the matter up with the Committee, and I am sure that they will consider it at their next meeting early in January. Very truly yours, /s/ EDMUND M. TOLAND, General Counsel. N. L. R. B. EXHIBIT NO. 320-Q Honorable HOWARD W. SMITH, Chairman, Special Committee to Investigate Old House Office Building, DECEMBER 29, 1939. MY DEAR CONGRESSMAN SMITH: The Board desires that I submit for your consideration, prior to resumption of the hearings, certain suggestions and requests made in a spirit of cooperation with the Committee, and, as we believe, in the public interest. We know the Committee realizes that the National Labor Reistions Act and the development and evolution of its administration are matters widely recognized as of great importance. The Act and its administration have previously engaged the attention of three Committees of Congress. At the last session two extensive hearings were held which have not yet been completed. A large part of the work of the Board has gone into final decisions contained in some eighteen printed volumes. In addition, there has been an extensive scrutiny by the Federal judiciary not only of the procedure and substantive terms of the statute but of Board operations and decisions, including an unusually large number of cases decided by the Supreme Court. It is probably that the work of to other agency of the Government has been reviewed so extensively by the judiciary in such a short period of time. The Board is very desirous of aiding the Committee in obtaining full information on the subject matter of the resolution under which the Committee is funetioning, believing that assistance rendered by the Board, whose operations affec a tremendous number of citizens who can not be heard in person, would be very valuable to the Committee, to Congress and to the public policy represented by the statute. We believe that it is in the public interest not merely that there be brought to the attention of the Committee and spread upon the records matters which, when isolated from the full operations of the Act, might point to defects in the Act or its administration, but that it is important in order triv to appraise the statute and its administration that the fullest possible information be supplied as to the full operations of the Act and the accomplishments of the Board under it. Assuming as we must that this is also the desire of the Committee the question remains as to what contribution the Committee will permit the Board itself to make in these matters. The Committee has not thought it advisable to permit counsel for the Board to examine or cross-examine witnesses hostile to the administration of the Act or to its present terms; and no definite action has yet been taken on our request that at timely intervals the Board be permitted to introduce testimony about matters previously testified about The Board realizes that these decisions are within the complete control of the Committee. But we believe that the important nature of your investigation and its effect upon the work of the Board as well as upon the course of legislation, support the reasonableness and desirability of permitting the Board an opportunity to aid more fully in bringing before you pertinent information and of being permitted a larger measure of collaboration in the course of the hearings. If so, we should like very much to work out with the Committee before the hearings resume, a plan for doing so, or at least to know with more definiteness what the Committee will permit in the way of fuller collaboration and fuller development of pertinent information on the record. As definite suggestions, the Board would like the opportunity through Board members and employees and through other witnesses, to: 1. Explain to the Committee, particularly through the Chairman of the Board, the full operations of the Act from its beginning, so that the Committee will, as we believe, be able in better perspective to judge of the merits of the Act, of its administration by the Board, and of specific criticisms; 2. Answer such specific criticisms of the Act and its administration as have previously been brought and will continue to be brought to your attention. with some reasonable schedule as to the time for so doing, as soon after the testimony as it is possible to arrange; 3. Call or to have the Committee call witnesses whom the Board might suggest, and who are not connected with the Board and have no personal interest in cases before the Board, but who are acquainted with or have studied the operations of the Act, to advise with the Committee as to the Act and its methods of admioistration and enforcement; 4. Introduce, within reasonable bounds, testimony deemed useful by the Board, and which the Board would be willing to outline to you in advance, if desired. If the above is to be permitted by the Committee, the Committee will of course realize that the Board should be advised as soon as possible so that preparation within the scope of what the Committee will permit can be undertaken immediately. As a further suggestion, would it not be possible to arrange for previous consultation between counsel for the Committee and counsel for the Board with regard to particular cases or incidents that counsel for the Committee desires to put into the record or to examine witnesses about, to the end that all relevant material on the subject may be drawn out at the same time. Since the files used by counsel for the Committee are in the possession of the Committee and we do not know what files or papers taken from the Board are to be used, or when, effective collaboration in this regard would require an opportunity to go over these matters with counsel for the Committee in advance, so that exploration of the full file or other available data could be had in the interest of full development of the facts. If the Committee is doubtful about the feasibility of any of the above suggestions, we respectfully request the opportunity of conferring with the Committee as to the extent of participation by the Board in the Hearings and the time of such participation, if allowed. It is especially requested that the Chairman be permitted to testify during the month of January in Washington. Yours sincerely, CC: Honorable Arthur D. Healey. Honorable Abe Murdock. Honorable Charles A. Halleck. Honorable Harry N. Routzohn. CF:MEF N. L. R. B. EXHIBIT No. 320-R CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES CHARLES FAHY, General Counsel. WASHINGTON, D. C., December 30, 1939. Mr. CHARLES FAHY, General Counsel, National Labor Relations Board, Washington, D. C. DEAR MR. FAHY: I acknowledge receipt of your letter of December 29th with suggestions relative to the future hearings of the Committee, of which I am Chairman. I will be glad to take the matter up with the Committee as soon as the Members return to Washington and communicate with you further on the subject. Sincerely yours, CHARLES FAHY, Esquire, 29. /s/ HOWARD W. SMITH. N. L. R. B. EXHIBIT NO. 320-S HOUSE OF REPRESENTATIVES SPECIAL COMMITTEE TO INVESTIGATE THE General Counsel, National Labor Relations Board, Washington, D. C. DEAR MR. FAHY: I have the copy of your letter to Judge Smith dated December I understand that the Judge has informed you that I will take the contents of your letter up with the Committee at its next meeting. Very truly yours, /8/ EDMUND M. TOLAND, General Counsel. |