63-798 O

AMENDMENTS TO EXPEDITE THE REMEDIES OF THE
NATIONAL LABOR RELATIONS ACT

HEARINGS

BEFORE THE

SPECIAL SUBCOMMITTEE ON LABOR

OF THE

COMMITTEE ON EDUCATION AND LABOR
HOUSE OF REPRESENTATIVES

NINETY-SECOND CONGRESS

FIRST SESSION

ON

H.R. 7152

A BILL TO AMEND THE NATIONAL LABOR RELATIONS ACT,
TO EXPEDITE ITS PROCESSES AND STRENGTHEN ITS
REMEDIES, AND FOR OTHER PURPOSES

HEARINGS HELD IN WASHINGTON, D.C.
MAY 6, 12, 18, 20, 24, 25, 26, AND 27, 1971

Printed for the use of the Committee on Education and Labor
CARL D. PERKINS, Chairman

COMMITTEE ON EDUCATION AND LABOR

CARL D. PERKINS, Kentucky, Chairman

SPECIAL SUBCOMMITTEE ON LABOR

FRANK THOMPSON, JR., New Jersey, Chairman

Abramson, Irving, general counsel, International Union of Electrical,

Radio & Machine Workers..

219

Asher, Lester, general counsel, Amalgamated Meat Cutters & Butcher
Workers of North America, AFL-CIO.

212

Aspin, Hon. Les, a Representative in Congress from the State of Wis-
consin...

Bakaly, Charles G., Jr., National Association of Manufacturers.

Bredhoff, Elliot, general counsel, Industrial Union Department,

AFL-CIO, accompanied by Nicholas A. Zonarich, organizing

director; and Dennis D. Clark, attorney, Industrial Union De-

partment, AFL-CIO..

265

105

185

Browne, Harry L., American Retail Federation, accompanied by

Laurence D. Ehrlich.

115

Cooper, Jerome A., attorney, Birmingham, Ala.

252

31

Cramton, Roger C., chairman, Administrative Conference of the

United States___

Eames, Patricia, general counsel, Textile Workers Union of America;

Scott Hoyman, vice president and southern director; and John

Kissack, organizing director, Textile Workers Union of America___

Harris, Thomas E., associate general counsel, AFL-CIO..

Hill, Robert, director of organization, United Rubber, Cork, Lino-

leum & Plastic Workers of America, accompanied by Harry D.

Helser, organizational representative, AFL-CIO; and David B.

Richardson, legal staff representative, Organizational Department,

AFL-CIO

Kleiman, Bernard, general counsel, united Steelworkers of America,
accompanied by Elmer Chatak, Carl Frankel, James Jolley, Buddy
Davis, and J. H. Stocker, AFL-CIO..

Lesnick, Howard, professor, University of Pennsylvania Law School,
Philadelphia, Pa..

McCulloch, Frank W., former Chairman, National Labor Relations
Board, presently with the University of North Carolina..

Miller, Hon. Edward B., Chairman, National Labor Relations Board_

Obadal, Anthony J., labor relations manager, Chamber of Commerce
of the United States, accompanied by Gerald C. Smetana, labor
counsel, Sears Roebuck & Co..

Ordman, Arnold, General Counsel, National Labor Relations Board__

Schlossberg, Stephen I., general counsel, United Automobile, Aero-

space & Agricultural Implement Workers of America.

St. Antoine, Theodore J., dean, University of Michigan Law School,
Ann Arbor, Mich....

Youngdahl, James E., lawyer, Little Rock, Ark., on behalf of Inter-
national Woodworkers of America, AFL-CIO.

239

391

231

156

14

57

282

79

299

10

148

Prepared statements, letters, supplemental material:

Abramson, Irving, general counsel, International Union of Electrical,

Radio and Machine Workers, AFL-CIO-CLC, statement of____

Aspin, Hon. Les, a Representative in Congress from the State of

Wisconsin, statement of

Asher, Lester, general counsel, Amalgamated Meat Cutters & Butcher

Workers of North America, AFL-CIO, prepared statement on

behalf of...

Associated General Contractors of America, statement of..

Bakaly, Charles G., Jr., National Association of Manufacturers,

statement of.

Barbash, Joseph, chairman, Committee on Labor and Social Security,

the Association of the Bar, New York City, letter to Chairman

Thompson, dated June 4, 1971, enclosing "Suggested Changes in

National Labor Relations Board Procedures," an article entitled.

Bok, Derek C., dean, Law School of Harvard University, letter to

Chairman Thompson, dated April 14, 1971.

Bredhoff, Elliot, general counsel, Industrial Union Department,

AFL-CIO:

History and current status of Stevens litigation as of May 15,

1971 (table)-

Statement of..

Browne, Harry, American Retail Federation, statement of

Chatak, Elmer, organizing director, United Steel workers of America,

statement of

Cramton, Roger C., chairman, Administrative Conference of the

United States:

Letter to Chairman Thompson, dated May 25, 1971.

"Recommendation and Supporting Report on Enforcement of
NLRB Orders," a document entitled_

"Recommendation No. 10.-Judicial Enforcement of Orders
of the National Labor Relations Board," an article entitled..

"Review of Effectiveness of Discretionary Review Procedure

at the Civil Aeronautics Board," an article entitled..

Table 1.-Cases terminated during fiscal years 1965-69..

Table 2.-Administrative agencies as source of proceedings

commenced during the fiscal years 1965–69_-

Table 3.-Proportion of appeals coming from various agencies,

1968-69_

Table 4.-Distribution of administrative appeals among the

circuits. Cases commenced during the fiscal years 1965-69--

Table 5.-Total number and proportion of administrative appeals

reversed or denied after hearing or submission during the fiscal

years 1965-69____.

Eames, Patricia, general counsel, Textile Workers Union of America,
AFL-CIO, statement of..

250

Fanning, John H., member, National Labor Relations Board, state-

ment of (enclosing six articles) -

419

Harris, Thomas E., associate general counsel, AFL-CIO, statement

of

391

Hill, Robert, director of organization, United Rubber, Cork, Linoleum

& Plastic Workers of America, summary of remarks..

Hodgson, Hon. James D., Secretary of Labor, letter to Chairman

Thompson, dated June 8, 1971...

236

419

Kaplan, Jair S., president, the Federal Trial Examiners Conference:

Letter to Chairman Thompson, dated June 17, 1971.

Statement of the Federal Trial Examiners Conference...

Kleiman, Bernard, general counsel, United Steelworkers of America,

statement of..

506

506

156

Lambeth, Harry J., Associated Builders & Contractors, Inc., state-

ment on behalf of.

139

McCulloch, Frank W. former Chairman, National Labor Relations

Board, presently with the University of North Carolina, final section

of prepared statement...

77