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HEARINGS

BEFORE A

SUBCOMMITTEE OF THE

COMMITTEE ON EDUCATION AND LABOR
UNITED STATES SENATE

SEVENTY-SIXTH CONGRESS

FIRST SESSION

ON

S. 1970

A BILL TO ELIMINATE CERTAIN OPPRESSIVE LABOR
PRACTICES AFFECTING INTERSTATE AND
FOREIGN COMMERCE, AND FOR

OTHER PURPOSES

MAY 25 AND 26, AND
JUNE 1, 2, 5, 6, 7, AND 13, 1939

Printed for the use of the Committee on Education and Labor

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Hoffman, Hon. Clare E.; a Representative in Congress from
Michigan

Hubbell, Charles H., Cleveland, Ohio---

Kuhl, C. M., Youngstown, Ohio_.

La Follette, Hon. Robert M., Jr.; Senator from Wisconsin_

Lewis, John L., Washington, D. C.; president, Congress of Industrial
Organizations___

Luhrsen, J. G., Washington, D. C.; executive secretary, Railway Labor
Executives' Association--

Madden, J. Warren, Washington, D. C.; chairman, National Labor

Relations Board

Matles, James J., New York, N. Y.; director of organization, United

Electrical, Radio, and Machine Workers of America_.

Meggert, Paul, Cleveland, Ohio---

Murphy, Hon. Frank, Attorney General of the United States___

Padway, Joseph A., Washington, D. C., counsel, American Federa-

tion of Labor_

Reilly, Gerard D., Washington, D. C., Solicitor, United States De-

partment of Labor___

Vincent, Merle D., Washington, D. C., Chief of Hearings and Exemp-

tions Section of Wage and Hour Division of United States De-

partment of Labor..

Whitney, Byrl A., Cleveland, Ohio, director of educational and re-
search bureau, Brotherhood of Railroad Trainmen__

Wood, Hon. Reuben T., a Representative in Congress from Missouri__

Statement of League of Women Shoppers, Inc., in support of S. 1970----
Affidavit of H. G. Flaugh, representative of American Federation of
Labor, describing his experience in identifying undercover operatives__
Statement of John N. Martin, confessing his activities as the under-
cover operative exposed in the Fruehauf Trailer case..

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OPPRESSIVE LABOR PRACTICES ACT

THURSDAY, MAY 25, 1939

UNITED STATES SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D. C.

The subcommittee met, pursuant to call, at 10 o'clock, in room 104, Senate Office Building, Senator Elbert D. Thomas presiding. Present: Senators Thomas and Borah.

Also present: Senator La Follette.

Senator THOMAS. The committee will please be in order.

We have under consideration this morning S. 1970, a bill to eliminate certain oppressive labor practices affecting interstate and foreign commerce, and for other purposes.

(S. 1970 is as follows:)

[S. 1970, 76th Cong., 1st sess.]

A BILL To eliminate certain oppressive labor practices affecting interstate and foreign commerce, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Oppressive Labor Practices Act of 1939."

TITLE I

SECTION 1. (a) The Congress hereby finds that the utilization of labor spies, strikebreakers, strikebreaking agencies, oppressive armed guards, and industrial munitions, (1) violates the right of employees to organize, bargain collectively, and engage in concerted activities for their mutual aid and protection; (2) causes and provokes acts of violence, breaches of the peace, and destruction of property, affecting commerce; (3) leads to labor disputes burdening and obstructing commerce and the free flow of commerce; (4) obstructs the settlement of labor disputes through negotiation and the orderly procedure of collective bargaining, thereby tending to prolong interruption of the free flow of commerce; (5) burdens and obstructs commerce and the free flow of commerce; (6) interferes with the United States and its agencies in obtaining goods and services pursuant to contract; and (7) interferes with and obstructs the effective exercise by the several States of their respective police powers.

(b) The Congress further finds that the use of the channels and instrumentalities of commerce and of the mails for the transportation of goods produced by employers engaged in the activities above referred to, or for the transportation or furnishing of supplies and services for engaging in such activities, tends to spread and perpetuate such activities and the evils resulting therefrom. (c) It is hereby declared to be the policy of the United States to eliminate the activities referred to in subsection (a) when such activities affect commerce or are engaged in by employers who are engaged in commerce, in the production of goods for commerce, or in furnishing goods or services to the United States and its agencies pursuant to contract, and to prohibit the use of the channels and instrumentalities of commerce and of the mails for the transportation of goods produced by employers who engage in such activities, and for the transportation or furnishing of supplies and services for engaging in such activities.

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