Mr. DENTON. It is contemplated in the war set-up there would be some Board similar to the War Labor Board? Mr. CHING. That is being discussed now. Of course, we do not have any Board now. We have the Wage Stabilization Board of which I am Chairman. Mr. DENTON. If we had such a board, how would the Federal Mediation and Conciliation Service work with the War Labor Board? Mr. CHING. They would then be the first contact. Mr. DENTON. They or you? Mr. CHING. The Mediation Service would be the point of first contact between the management-labor group and the board wherever it was, whether regional or otherwise. They would use their best efforts to get a case settled. Only on our certification that board determination was necessary would a case get to the board; otherwise the board would be completely swamped. PORTIONS OF 1950 AND 1951 APPROPRIATIONS NOT USED Mr. DENTON. Of course, of your appropriation last year, I understand that $50,000 to boards of inquiry has not been used; did you say none of that had been used? Mr. CHING. Up to now, none of that has been used. Mr. DENTON. That $50,000 will revert to the Treasury? Mr. CHING. That is right. Mr. DENTON. Of this other appropriation that you had for 1951, $2,949,700, will any of that revert to the treasury; can you tell at this time? Mr. GREENWOOD. We do not anticipate any surplus this year because we are spending our account currently to take care of anticipated increase in number of disputes during this emergency period. Mr. DENTON. Did any money revert previously the year before? Mr. GREENWOOD. We can supply that figure for the record, if you would like. The CLERK. $37,000 in 1950, according to the breakdown here. The CLERK. $2,733,000. Mr. DENTON. I think that is all. Mr. FOGARTY. Mr. Schwabe? COMPENSATION OF MEDIATORS AND CONCILIATORS Mr. SCHWABE. Mr. Ching, do all these mediators and conciliators work under you on a salary? Mr. CHING. Yes. Mr. SCHWABE. None of them are on a per diem basis? Mr. CHING. Apart from the fact-finding boards which are used rather infrequently, everyone else is on a salary, everybody that is termed a "commissioner" is on salary. We have another system that I will explain, too, in the Service. We have an Arbitration Section, merely a service to labor and industry where we recommend certain panels of arbitrators. We do not pay them at all. They are paid for by the parties themselves. So all these commissioners that we have are all on Government salary, Government employees. LOCATION OF CONCILIATORS Mr. SCHWABE. Where are they located, stationed? Mr. CHING. We have 12 regions. We have Boston, New York-go ahead and recite them, Jim. Mr. SCHWABE. Will you furnish that for the record, please, the names and their respective stations and locations? Mr. GREENWOOD. All the commissioners? Mr. SCHWABE. Yes. You have how many? Mr. GREENWOOD. About 220 right now, approximately. Mr. SCHWABE. Well, without the names, then, may I just suggest the number at each station? Mr. GREENWOOD. We can furnish that. Mr. SCHWABE. Eliminate the names of the individuals. Mr. GREENWOOD. Distribution of commissioners by location. Mr. SCHWABE. And by numbers, the various stations, wherever they happen to be. Mr. CHING. Would you like to have them in each State and each region? Mr. SCHWABE. I think each region is sufficient. (The information requested is as follows:) Number of commissioners by region as of Mar. 3, 1951 Region 1: Massachusetts, Connecticut, New Hampshire, Rhode Island. 15 22 Region 3: Pennsylvania__. 15 Region 4: Washington, D. C., Maryland, North Carolina, South Carolina, 15 Region 5: Georgia, Alabama, Mississippi, Tennessee, Florida. Region 6: Ohio, Kentucky Region 7: Lower Michigan, Indiana. Region 8: Illinois, Minnesota, Wisconsin, upper Michigan. Region 9: Missouri, Colorado, Iowa, Nebraska_____ 19 26 16 23 21 12 9 17 Region 10: Texas, Louisiana, Arkansas, Oklahoma_ Region 11: Washington, Oregon, Montana_. Region 12: California, Arizona, Utah__. Total commissioners, all regions. EMPLOYEES ON A PER DIEM BASIS 210 Mr. SCHWABE. Do you not have any men here in Washington, lawyers, who go out and serve your office as mediators or conciliators who are dispatched by your office here to various places where there is a labor dispute? Mr. CHING. Well, you say lawyers. Do you mean people from the Washington office? Mr. SCHWABE. I do not know. Those who work part time for you. Mr. CHING. NO. There have been-that was something that was done in the past but I know of no case recently or, as a matter of fact, since I have been in the service; I know of no case where we have taken anyone on part time except on a fact-finding panel. Mr. SCHWABE. I know of instances here in Washington where lawyers who engaged in practice for themselves, or may I say, general practice to some extent, who have gone out as mediators or conciliators in these various cases and have been assigned to the Washington office. Mr. CHING. Not by our office? Mr. SCHWABE. I am trying to find out whether it is your office that assigns them or not. Mr. CHING. We have no such arrangement as that. Mr. GREENWOOD. Could the Congressman be thinking of arbitrators whom we nominate but do not pay? Mr. SCHWABE. They are on a per diem basis. Mr. GREENWOOD. They are paid by the parties. Mr. SCHWABE. They are paid on a per diem basis for the time actually served. Mr. GREENWOOD. But not per diem salary paid by the Government; only paid by the parties. Mr. SCHWABE. You furnish those arbitrators? Mr. GREENWOOD. We furnish lists of names to the parties from which they make a selection of their own arbitrator and pay his salary and expenses themselves. They are arbitrators and not mediators. Mr. SCHWABE. I may be in error as to the title they bear. I was trying to find out. All right; that is all. Mr. FOGARTY. Mr. Ching, do you have any further statement to make? Mr. CHING. No, I think we have covered it. ADDITIONAL RESPONSIBILITIES IN PRESENT EMERGENCY Mr. GREENWOOD. There is one thing, Mr. Chairman, I think should be brought out and that is, during this current emergency, the Defense Department has placed upon us additional responsibility which they did not do during the emergency period of the early forties. During World War II, the Defense Department had a staff of labor relations personnel whom they had scattered across the country and who did participate in the settlement of labor-management disputes. During this current emergency period, the Defense Department has issued a policy statement to all of their personnel indicating that they are not to engage in mediation, conciliation, or arbitration activities. Mr. FOGARTY. Will you put a copy of that in the record? Mr. GREENWOOD. We will be glad to furnish a copy of that for the record. DEPARTMENT OF DEFENSE POLICY GOVERNING PARTICIPATION IN INDUSTRIAL LABOR RELATIONS MATTERS AFFECTING MILITARY PROCUREMENT In order to enable the Munitions Board to achieve effective coordination and to insure consistency of actions within the Department of Defense in labor relations policies and practices involving contractors and suppliers of matériel and services, all agencies of the Department of Defense will be governed by the following: 1. With respect to industrial labor relations matters in general, agencies of the Department of Defense shall not take any independent action, the result of which would have the effect of establishing major policy, unless each such action falls within an established policy of the Department of Defense, or unless prior approval of the Munitions Board has been obtained. Each agency must determine for itself what actions involve major policy and what do not. Recommendations for plant seizure or for injunctive action against labor or management would be examples involving major policy. 2. Where any labor dispute significantly affects, or threatens to so affect, important military procurement the military department concerned shall noti 79807-51-pt. 4-6 fy the Munitions Board and other interested military department(s) of all information relevant thereto. 3. The Department of Defense shall remain impartial in and shall refrain from taking a position on the merits of a dispute between labor and private management. No agency of the Department of Defense shall undertake the conciliation, mediation, or arbitration of a labor dispute. 4. Except for the foregoing, nothing in this policy is intended to preclude agencies of the Department of Defense from taking other action exclusive of conciliation, mediation, or arbitration in connection with industrial labor relations problems which is consistent with their procurement responsibilities as for example: (a) Giving notice of the existence of a labor dispute, which affects, or threatens to affect, procurement of supplies or services, to the Government agency which has responsibility for conciliation, mediation, arbitration, or other action with respect thereto. (b) Advising the Government agency or the parties to a labor dispute of factual information pertaining to procurement of the supplies or services involved, to the extent consistent with security regulations. (c) Seeking, after consultation with the appropriate Government agency, to obtain such voluntary agreement between management and labor as will permit, notwithstanding the general continuance of the dispute, uninterrupted procurement of military supplies and services, provided such activity does not involve the Department in the merits of a labor difference or dispute, or in conciliation, mediation, or arbitration activities. Mr. FOGARTY. I know there was a lot of confusion during World War II. Many Government agencies had a labor-relations department, did they not? Mr. GREENWOOD. There were instances in which 10 or 12 Government people would show up for settlement of a single dispute. It was very embarrassing. We are hoping that we can avoid repetition of that at this time by the Department of Defense putting that responsibility on this service. We think we have made a step in that direction to continue that sort of relationship with the other emergency agencies, such as War Labor Board, National Production Authority, and so on. We think that we can do a better job this time. Mr. FOGARTY. National Labor Relations Board is in the same position with respect to functions they perform. Mr. SCHWABE. I wanted to ask one question. These various services that you are called upon to render or will be by the Department of Defense, are you to be reimbursed for any expenses in connection with those services? Mr. GREENWOOD. No. Those services are the normal responsibility of this service. It simply means that at this time we are going to do our best to avoid any duplication of effort such as happened last time. Mr. SCHWABE. That is all. Mr. FOGARTY. Thank you very much, Mr. Ching. FEBRUARY 26, 1951. RAILROAD RETIREMENT BOARD WITNESSES FRANK C. SQUIRE, BOARD MEMBER HORACE W. HARPER, BOARD MEMBER FRANK J. McKENNA, CHIEF EXECUTIVE ASSISTANT 16 Investments and loans (payment to railroad retirement ac $582, 832, 724 598, 172, 200 646, 000, 000 |