ing those killed, wounded, and prisoners, were 948,000. That is 9 percent, which would be 90 in 1,000. Now, that compares with the yard service employees total of 328 in 1,000 killed or injured.

This figure for the yard service employees covers only men who were out of service 3 days or more. There was an equal number who were out of service 1 to 3 days. The Army casualties include every person wounded sufficiently so that he got into the records; those whose injuries or wounds might be taken care of right in combat might not appear there, but every person who was in a dressing station behind the lines would be in those figures.

Mr. MURDOCK. Mr. Oliver, do you have any opinion on this question: Is this high rate of casualties inevitable? Or does it signify a lack of safety measures and use of safety appliances?

Mr. OLIVER. Well, I should say it is probably inevitable that there would be more injuries here than in other branches of the railroad service; but in my judgment, based on studies of the error curve in long hours, and in the production results of shortening the workweek in other industries, if the workweek were cut to 5 days that casualty rate would be very greatly reduced.

Mr. MURDOCK. Do your studies indicate an actual correlation between the casualty rate and the hours of work?

Mr. OLIVER. It is unquestionable that the errors in industry generally-there is an error curve, a fatigue curve, by which studies have been made of the efficiency of various hours in the workweek. It is unquestionable that the number of errors rises in the latter hours of the week's assignment, when they get beyond 40 hours, and beyond 48, it is really very serious. And that there should be so large a percentage of men in this hazardous occupation, hazardous not only to themselves but to the property and the persons who travel, working more than 48 hours is especially bad. But the introduction of the 40-hour week would certainly have, in my judgment, a very great effect on that casualty list.

Mr. MURDOCK. If I remember the decisions of the Supreme Court correctly, it was the view of the Court that the Adamson Act and other 16-hour acts were based primarily on the need for protecting the traveling public from accidents and other inconveniences resulting therefrom.

Mr. OLIVER. I don't recall that with respect to the Adamson Act, but the hours-of-service law is certainly directly based on the inadvisability of too long continuous service by train and engine men. But the same principle applies to cumulative hours over either a day or a workweek. The Interstate Commerce Commission, in regulating the hours of motor bus operators, fixes a weekly limit.

Mr. MURDOCK. Is that also true in the aviation industry?

Mr. OLIVER. I am not so sure about that, but my recollection is that there is a monthly limit in aviation rather than weekly. I may be in error there.

Mr. MURDOCK. Now, Congress has passed some acts designed to minimize casualties in the railroad industry, has it not?

Mr. OLIVER. Yes.

Mr. MURDOCK. Is it your view that those acts are generally enforced in this respect?

Mr. OLIVER. I haven't any basis on which to judge of that. I have heard the opinion expressed that they were very well enforced, and the opinion otherwise expressed that they weren't well enforced.

Mr. MURDOCK. It is definitely your testimony that there is a correlation between casualties and hours of labor per day and hours of labor per week as well; is that right?

Mr. OLIVER. Yes. And it is especially significant with respect to this group. I should say that if there is any group in the railroad industry where public policy dictates the advisability of a 40-hour week, it is this group.

Mr. MURDOCK. You are speaking of the yard service men?

Mr. OLIVER. The yard service men.

Mr. MURDOCK. I suppose the casualty rate is much lower among nonoperating employees?

Mr. OLIVER. Yes; it is.

Mr. MURDOCK. Is it also among the road service employees?

Mr. OLIVER. Some categories of road service employees have fairly high casualty rates. Road freight brakemen, who do a lot of switching as a part of their assignments, do have a fairly high casualty rate. I think it compares with some of the yard service casualty rates. But it is because of the similarity of the work.

Senator MORSE. Were these data presented to the McDonough Board?

Mr. OLIVER. I have no record of their having been. I didn't appear before that Board. When the sessions were held before the Nonoperating Board, they ran for months; the sessions in negotiations. I appeared there. And my testimony before that Board was subject to all examination and rebuttal. But it wasn't rebutted until the McDonough Board hearing, when I wasn't present. There was a very exhaustive criticism of the testimony I had introduced in the previous hearing before the McDonough Board, but no such analysis or rebuttal before the Leiserson Board.

Senator MORSE. Were the accident rates that you had introduced in the previous hearing introduced before the McDonough Board? Mr. OLIVER. I have no knowledge of whether they were or not. Senator MORSE. I thought you said that before the McDonough Board there were criticisms of some testimony that you had given before another board.

Mr. OLIVER. Yes. They didn't relate to the casualty figures, though. They related to this NRA analysis.

Mr. MURDOCK. What employees were before the McDonough Board? Mr. OLIVER. Just operating people; the conductors and trainmen. Mr. MURDOCK. The conductors and trainmen?

Mr. OLIVER. Yes.

These comments on the errors in evidence offered both to this committee and the McDonough Board may seem to reflect upon that McDonough Board for failing to avoid the errors based on the carrier evidence. No such reflection is intended; the issue before that Board was extremely complex, and the errors of that Board, while most unjust to the employees and disastrous to the country, are the kind of errors that must proceed from submission of such a dispute to relatively inexperienced men. None of the members of the McDonough Board has such experience in the railway industry as would

have enabled them correctly to analyze the mass of data submitted. None of them had had the experience in labor relations in outside industry, especially under the NRA, that would have enabled them to evaluate properly the data on the reduction of the workweek in outside industries.

There has already been offered to the committee, I believe, a statement on the background and experience of the members of that McDonough Board. I had prepared excerpts from the record on these gentlemen, from Who's Who, which, for the continuity of this statement, I should like to offer at this point as Brotherhood of Locomotive Firemen and Enginemen exhibit 15, if I may.

The CHAIRMAN. It will be marked as requested, and made a part of the record.

(The document referred to was marked "B. L. F. & E. Exhibit 15," and is as follows:)

B. L. F. & E. EXHIBIT No. 15

MEMBERS OF EMERGENCY BOARD IN CONDUCTORS AND TRAINMEN CASE, 1950 ROGER I. MCDONOUGH, Chairman. Judge, b. Park City, Utah, Sept. 29, 1892; S. Bartley and Mary Josephine (Power) McD; ed. Park City High Sch. 1908-11, Notre Dame U., 1914-15, U. of Utah, 1923-25; m. Mildred Anne Devine, May 14, 1932; children-Roger James, Anne Devine, John Vincent, Edward Joseph. Admitted to Utah bar 1925; county atty., Summit County, 1925-27; practice, Park City, 1927-29; elected dist. judge, 3d Judicial Dist. of Utah, 1928, for term 1929-33, reelected for terms, 1933-37, 1937-41; elected asso. justice Supreme Court of Utah for term 1939-49. Mem. Utah and Am. bar assns., Am. Legion, Phi Alpha Delta. Democrat. Roman Catholic. K. C. Home: 1516 Harvard Ave. Office: State Capitol Bldg., Salt Lake City, Utah.

MART J. O'MALLEY. Judge; b. Pittston, Pa. Sept. 17, 1890; S. Michael Thomas and Mary Jane (Durkin) O'M; student St. Thomas Coll., Scranton, Pa. 1910-12; LL. B., Valparaiso U.. 1915; m. Cecile I. Phipps, March 7, 1916; children— Norman Joseph, John Richard. Admitted to Ind. bar, 1915; county atty., Huntington, Ind., 1930–32; mem. bd. of works and city atty. Huntington, Ind., 1939–43; judge Supreme Court of Ind., since Jan. 4, 1943. Mem. County and State bar assns. Elk. Club: Huntington Kiwanis. Home: 1337 Poplar St., Huntington, Ind. Address: State House, Indianapolis, Ind.

GORDON S. WATKINS, Prof. economics: b. Brynmawr, Wales, Mar. 9, 1889; S. Benjamin and Mary Ann (Davies W.; came to U. S., 1906, naturalized, 1915; student Fargo (N. D.) Coll. 1911-12; A. B., U. of Mont., 1914; A. M., U. of Ill., 1916; Ph. D., U. of Pa., 1918; LL. D., U. of Mont., 1940; m. Anna Evelyn Davis, May 16, 1917. With U. of I, 1917-25, asso. prof. economics, 1920-25; prof. economics, U. of Calif., Los Angeles, since 1925, dean, summer session, 1930–36; dean Coll. Letters and Sei. since 1936. Adviser to Danish Commn. on Pub. Monopolies, 1919-22; mem. editorial bd. Am. Economic Rev., 1924-26; contributing editor Social Science since 1925; personnel counselor Title Insurance and Trust Co., Los Angeles, 1927-29; dir. Prudential Building and Loan Assn., also of Inst. of Los Angeles Stock Exchange. Mem. Alien-Enemy Hearing Board, U. S. Dept. Justice since 1941; mediator Natl. War Labor Bd. since 1941; mem. railway labor panel Nat. Ry. Mediation Bd. since 1943. Trustee Haynes Foundation since 1943. Mem. Am. Economic Assn., Am. Assn. for Labor Legislation, Phi Beta Kappa, Sigma Nu, Tau Kappa Alpha, Delta Sigma Rho, Delta Sigma Pi, Phi Eta, Pi Gamma Mu. Conglist. Author: Survey of the Revenue System of Delaware County, Pa., 1918; Labor Problems and Labor Administration in the United States During the World War, 1920; Cooperation-A Study in Constructive Economic Reform, 1921; Introduction to the Study of Labor Problems, 1922; The Background of Economics (with Prof. M. H. Hunter), 1923; Labor Management, 1928; Labor Problems, 1929; Management of Labor Relations (with Prof. P. A. Dodd), 1938; Labor Problems (with same), 1940. Contbr. on economic topics: contbr. to Dictionary of Am. History, 1940. Home: 10653 Lindbrook Drive, Los Angeles, Calif.

Source: Who's Who in America, 1947.

Mr. OLIVER. Briefly, the experience of these gentlemen was primarily in the handling of grievances. One of them handled railway cases on a strictly local basis, but none of them had had the kind of wide experience in the railway industry and outside the railway industry that was required to deal adequately, I believe, with this very difficult question.

On the other hand, the Leiserson Board was unquestionably one of the ablest that has ever heard a dispute in the railway industry. Dr. William Leiserson, its chairman, had been for many years Chairman of the National Mediation Board; Mr. George Cooke had been its secretary, and later a member. Both of these men knew the industry; its labor problems, and its union and carrier representatives, thoroughly. Dr. Leiserson has had as much experience as any man living in labor relations in outside industry; under the NRA, he held several high and responsible positions, including that of secretary of the NRA National Labor Board, and Chairman of the Petroleum Labor Policy Board, and he was once a member of the National Labor Relations Board.

Mr. David Cole, third member of the Leiserson Board, is second only to Dr. Leiserson in the breadth of his labor experience. While he has had no experience in the railway industry, he was very active during the NRA and thoroughly familiar with its policies and operations. No one could have misled either Dr. Leiserson or Mr. Cole with respect to the changes made during the NRA, or with respect to its policies. Both of those gentlemen knew about this change from 48 to 40 hours of their own first-hand knowledge, and had an active part in the NRA. And I had had contact with both of them during that NRA period. It would have been impossible to have misled them as the McDonough Board was misled with respect to the actual character of the change from the 48- to the 40-hour week.

I have taken similar excerpts from the Who's Who report of the members of the Leiserson Board and have prepared a statement which I should like to have accepted as Brotherhood of Locomotive Firemen and Enginemen exhibit No. 16.

The CHAIRMAN. That will be marked as requested and received in evidence.

(The document referred to was marked "B. L. F. & E. Exhibit 16," and is as follows:)

B. L. F. & E. EXHIBIT No. 16

MEMBERS OF THE EMERGENCY BOARD IN THE NONOPERATING FORTY-HOUR WEEK AND WAGE INCREASE CASE, 1948

WILLIAM MORRIS LEISERSON, Chairman. Economist; born Esthonia, April 15, 1883; son Mendel and Sarah (Snyder) L.; brought to United States, 1890; B. A. Univ. of Wis., 1908; Ph. D., Columbia, 1911; LL. D., Oberlin, 1947; m. Emily Nash Bodman, June 22, 1912; children-Avery, Lee, Sarah Eleanor (Mrs. David M. LaMar), Ruth Bodman (Mrs. Albert G. Sims), Charles Frederick (naval aviator, dec. Sept. 20, 1943), Mark Whittlesey, Philip Day. Expert on unemployment, New York Comm. on Employers' Liability and Unemployment, 1909-11; deputy industrial commr. Wis., 1911-14; asst. dir. research of the U. S. Commn, on Industrial Relations, 1914-15; prof. economics and polit. science, Toledo U., 1915-18; chief of the division of labor administration, U. S. Dept. of Labor, 1918-19; chmn. Labor Adjustment Bd., clothing industry, of Rochester, N. Y., 1919-21; chmn. Bd. of Arbitration, men's clothing industry, of New York, 1921-23, Baltimore and Chicago, 1923-26; prof. economics, Antioch Coll., 1925–34. Secretary, National Labor Board of NRA, 1933; chairman, Petroleum Labor Policy Board, 1934; chairman, National Mediation Board, 1934-39; member 81733-51-——————41

National Labor Relations Bd., 1939-43; chmm. Nat. Mediation Bd., 1943-44. Visiting prof. Johns Hopkins Univ., 1914-47; dir. labor organization study since 1947. Member American Econ. Assn., American Political Science Assn., Soc. for Public Administrn., Phi Beta Kappa. Club: Cosmos. Author: Unemployment in the State of New York, 1911; Adjusting Immigrant and Industry, 1924; Right and Wrong in Labor Relations, 1938, and articles in various periodicals. Home: 3210 34th St. NW., Washington S, D. C.

DAVID L. COLE. Lawyer; b. Paterson, N. J., May 1, 1902; s. Nathan and Ethel (Feldman) C.; B. S., Harvard, 1921, LL.B., 1924; m. Helen M. David, Oct. 8, 1925; children-Elizabeth, Morrill D., Charles T. Admitted N. Y. State bar, 1925, N. J. State bar, 1926, and practiced, Paterson, N. J., since 1926; mem. firm Cole, Morrill & Nadell since 1932, active in labor relations since 1926; counsel Silk and Rayon Mfrs. Assn. and Master Weavers Inst. since 1933; director, counsel Commercial National Bank, 1937-45; counsel 2d Nat. Bank, Paterson since 1945; Chairman New Jersey State Bd. Mediation and publ mem. 2d Reg. War Labor Board, 1943-1945 (chmn. W. W. L. B. steel and iron ore panels, 1944, in disputes between United Steel Workers Union America and steel producing, iron-ore mining industries). Chmn. Northern Textile Commn. 1945-46; impartial chmn. named in numerous labor contracts; arbitrator labor difficulties; chmn. presidential bd. inquiry bituminous Coal Industry, 1948; mem. President's Emergency Bd. on dispute between railroads and 16 unions representing their non-operating employees, 1948; governor of the National Academy of Arbitrators since 1948; member President's Steel Industry Board, 1949. Lecturer on labor relations. President and director Shapiro Foundation since 1934; pres. Rent Commn.; dir. Community Chest, Boy Scouts of Am., C. of C. (Paterson, N. J.) ; trustee Am. Red Cross. Republican. Jewish religion. Pres. and trustee Preakness Hills Country Club, 1937-42. Home: 15 Overlook Av., Paterson 2. Office

45 Church St., Paterson 1, N. J.

GEORGE ANDRUS COOK. Mem. Nat. Mediation Bd.: b. Bloomington, Ill., May 5, 1889; s. Charles Albert and Vie (Andrus) C.; ed. public schs, and business coll. of Bloomington; m. Bertha Sparks, Sept. 14, 1918; children (by former marriage)-Edith Cook Gonoude, Vie Cook Arres. Began as ry. clerk Chicago & Alton, Bloomington, Ill. 1905; timekeeper Chicago & Alton, Kansas City, Mo., 1912-16; traveling auditor Chicago & Great Western, Chicago, 1917-19; wage schedule expert and examiner, U. S. R. R. Labor Bd., Chicago, 1920-26; mediator and sec. U. S. Bd. of Mediation, 1926-34; sec. Nat. Mediation Bd., Washington, D. C., 1934-37, mem. of bd. since Jan. 1938, chmn., 1940-41, 1942-43. Republican. Mem. Christian Ch. Mason (32°. Shriner). Clubs: National Capital Skeet, National Capital Casting, Washington Gun (Washington, D. C.); Illinois Bait and Fly Casting (Chicago); San Francisco Tyee Club. Contbr. to outdoor mags. articles on angling. Home: 3200 16th St. NW. Office: Interior Bldg. N, Washington, D. C.

Mr. OLIVER. Even without review of the facts upon which that Board bases its recommendation, this committee would be perfectly safe in assuming that the members of that Board had correctly analyzed and reported upon the facts of changes made during the National Recovery Administration.

Two other serious errors of the McDonough Board arose, without doubt, out of their inexperience. The Board's report deals with reductions in the actual workweek of the postwar period as being equivalent to reductions in the basic workweek. The two kinds of changes are not at all comparable, and should not have been so considered. In the years after the war, overtime was being eliminated or reduced, both on the railways and in outside industries. Because of the way in which the Little Steel formula had been applied and justified, labor generally felt that consideration should be given to these losses in total earnings, when new wage rates were fixed. The reduction in total earnings, resulting from elimination of this overtime, was considered as a basis for increasing wage rates, both in the