time, but as you look back on it it was, in fact, a paper international. All you had, you said, was a phone which, you said, nobody used particularly. The only place you met was in various restaurants around town, and when Mr. Amalfitano had been granted to some local union, you would grant a charter and the people were in business. Mr. JAVORS. That would be a pretty accurate description; yes. The CHAIRMAN. I hand you a document dated September 24, 1957, which purports to be, as I read it, minutes of the meeting held in Foffe's Restaurant. It appears to bear your signature. I ask you to examine it and see if you identify it as purported or what you intended to be minutes of a meeting that you held at that time. (Document handed to the witness.)

Mr. JAVORS. Yes. This is in my handwriting and signed by me. The CHAIRMAN. In other words, you just happened to meet there, or someone called you, you met at this restaurant, had this meeting and granted a charter?

Mr. JAVORS. No, I wouldn't put it that way.

The CHAIRMAN. How did it happen that you met?

That may be made exhibit No. 26.

(Minutes referred to were marked "Exhibit No. 26" for reference and will be found in the appendix on p. 16935.)

Mr. JAVORS. Normally the way a charter was issued, the mechanics would be as follows: A letter would be received at the office of Federated requesting a charter. I, then, would send out letters to the members of Federated, the board of trustees, and the officers, suggesting that a meeting be held at a certain place and time for the purpose of discussing whether or not a charter should be issued. That meeting might have taken place at Foffe's Restaurant in this particular case.

The CHAIRMAN. In other words, after you got a request for a charter, you would send out notices or write them and say "Let's meet at a certain place and discuss it"?

Mr. JAVORS. That is correct.

The CHAIRMAN. That is probably what you did at that time?
Mr. JAVORS. That is correct.

The CHAIRMAN. And you decided to issue the charter?

Mr. JAVORS. Yes.

Mr. KENNEDY. Exhibit 26 is all of the minutes of that meeting, Mr. Chairman.

In June 1957 you granted a charter to local 26, the Restaurant and Cafteria Employees Union.

Mr. JAVORS. Apparently.

Mr. KENNEDY. And that was to a gentleman by the name of Al Gallo who signed the letter requesting that charter?"

Mr. JAVORS. I would not recall.

Mr. KENNEDY. Do you know anything about Gallo?

Mr. JAVORS. No.

Mr. KENNEDY. Do you know anything about his two brothers?

Mr. JAVORS. Never heard of them, met them, or had any dealings whatsoever.

Mr. KENNEDY. Amalfitano suggested these people?

Mr. JAVORS. I would think so, in view of what has happened.

Mr. KENNEDY. Were you acquainted with Joseph Iovine, who was the uncle of the Gallo's?

Mr. JAVORS. I have never met him.

Mr. KENNEDY. He was also an applicant and later became president of that local.

Mr. JAVORS. I never knew anything of them.

Mr. KENNEDY. When Mr. Profacci was arrested and they went through his address book and cards that he had, one of the cards that he had in his possession was a card from this local.

Here is the letter requesting the charter.

Then a letter dated October 16, 1957, requested a cigarette vending machine employees charter for local 19. Do you remember that? Mr. JAVORS. Yes; I do.

Mr. KENNEDY. Who suggested you grant that charter?

Mr. JAVORS. Mr. Amalfitano.

Mr. KENNEDY. The letter purports to be from a man by the name of Diagio Latirano and six others. Did you know him?

Mr. JAVORS. No. I knew none of the signatories of that letter.

Mr. KENNEDY. Did you know the Gallos being behind that local? Mr. JAVORS. I did not.

Mr. KENNEDY. With the system that you used, of course, anybody, any group, no matter what their backgrounds or records, could get these charters, could they not, relying on Mr. Amalfitano?

Mr. JAVORS. Well, if Mr. Amalfitano advocated the issuance of such charter, I would say that such charter would have been issued.

Mr. KENNEDY. A number of those locals that were given charters got into a good deal of difficulty with the law.

Mr. JAVORS. Well, the only one that I know of, other than possibly local 19, was this local 512, which, as I say, we revoked the charter on prior to their indictment.

Mr. KENNEDY. Mr. Chairman, we have an affidavit from another one of the presidents of this international, bearing on the same subject. The CHAIRMAN. This affidavit may be printed in the record at this point.

(The affidavit referred to follows:)

I, Frank Rabinow, of 1770 Andrea Road, East Meadow, N.Y., give the following voluntary statement to James P. Kelly, who has identified himself as a staff member of the U.S. Senate Select Committee on Improper Activities in the Labor and Management Field.

I received a telephone call some time in the fall of 1956 from a Sol Javors whom I have known for many years at which time he requested that I do him a favor by assuming the office and title of president of Federated Service Workers Union. The purpose of this appointment was to serve an interim period of about 3 months pending the election of a new president. I was not a member of any local union affiliated with the Federated Service Workers Union or any other labor organization at this time.

Several days later I met with Mr. Javors, a Mr. John Amalfitano and one other unidentified man in Foffe's Restaurant on Montague Street in Brooklyn. During a luncheon I discussed with Mr. Javors and Mr. Amalfitano that I would only work for approximately 3 months. I consented. During my period as "president" I never signed any letters, visited any office of the Federated or performed any official acts in connection with this union. At no time did I attend any meetings of the union or sign any checks or authorize any disbursements from this union. After approximately 3 months I notified Mr. Amalfitano by telegram c/o Federated Service Workers Union informing him of my resignation as president of this union. Since that time I have never seen Mr. Amalfitano or spoken to him on the telephone.

36751-59-pt. 46--23

I have read the foregoing statement and to the best of my recollection and believe, the facts contained herein are true.

Sworn to before me this 14th day of October 1958.

(Signed)

FRANK RABINOW. (Signed) SOL JAVORS,

Notary Public, State of New York, No. 30-7077400, Qualified in Nassau County. Commission expires March 30, 1960.

Witness:

Det. CYRIL T. JORDAN,

No. 1142, C.I.S.

Mr. KENNEDY. May we have this made an exhibit, too, Mr. Chairman?

Mr. May can identify it. This is a request to have a local charter granted.

The CHAIRMAN. May I present to you a letter, Mr. May.

You have been previously sworn. I ask you to examine the letter and state if you identify it.

Mr. MAY. Yes, Senator. This is apparently a request for a charter from a person by the name of Al Gallo. We received this original letter from Mr. Charles Wapner, who was administrator of the welfare fund for Local 12, Federated Service Workers Union.

The CHAIRMAN. The letter may be made exhibit No. 27.

(Document referred to was marked "Exhibit No. 27" for reference and may be found in the files of the select committee.)

Mr. KENNEDY. Did you know anything about the operation of these locals after you granted the charters, Mr. Javors?

Mr. JAVORS. No, sir.

Mr. KENNEDY. Did you ever look to find out if they had contracts or anything?

Mr. JAVORS. No. Each local was supposed to function autonomously. The only purpose of the Federated, the international, was to step in should there be any complaints about any improper or illegal functions of any of the locals. So we had nothing whatever to do with the running of each particular local.

Mr. KENNEDY. Mr. Amalfitano actually ran this union, did he not, for all practical purposes?

Mr. JAVORS. Well, if we consider that the only successful local in my opinion was local 12, which Mr. Amalfitano ran, then your statement is certainly an accurate one.

Mr. KENNEDY. I am talking about the operations of the international. This was really Mr. Amalfitano's operation, because you were granting charters at his suggestion.

Mr. JAVORS. Generally a charter would be granted at his suggestion, yes, and your statement is accurate.

Mr. KENNEDY. For instance, we have found, just from an examination, from looking at the contracts of local 21 of your union with Roeder Auto Body Co., Inc., of Brooklyn, N.Y., an examination of the contract reveals that there is no provision for wages at all, and that many of the other important paragraphs in a contract, important clauses in the contract are left in blank.

Mr. JAVORS. I would know nothing whatever of that. That wasn't my function.

Mr. KENNEDY. You just signed the charters?

Mr. JAVORS. Apparently.

The CHAIRMAN. I hand you what purports to be an original letter, handwritten, addressed to you, or addressed to the Federated Services Workers Union, dated October 16, 1957.

I will ask you to examine it and state if you identify it. (Document was handed to the witness.)

Mr. JAVORS. Yes. This was the letter received by Federated requesting a charter be granted to what is now local 19.

The CHAIRMAN. To what is now local 19?

Mr. JAVORS. That is correct.

The CHAIRMAN. That letter may be made exhibit No. 28.

(Document referred to was marked "Exhibit No. 28" for reference and may be found in the files of the select committee.)

Mr. KENNEDY. From your personal experiences in this field, do you see that one individual can own an international union and then grant local charters out as the system is at the present time?

Mr. JAVORS. As the system is at the present time, apparently it can be done. I feel it is improper. I feel that certainly it gives too much responsibility to an individual who might well abuse that responsibility.

The CHAIRMAN. In other words, we need some legislation to make it impossible for this practice to be engaged in?

Mr. JAVORS. I would be wholeheartedly in favor of such legislation. The CHAIRMAN. Mr. Javors, I think you are to be commended for coming here and telling the truth about the operation. In retrospect, as you say, you realize now it should not have been handled in that way.

Mr. JAVORS. Yes, sir.

The CHAIRMAN. You probably were motivated by a desire to really be helpful to working people. But it clearly demonstrates again and again that the power that is reposed in labor organizations is a power that must be controlled and restricted.

Mr. JAVORS. I agree.

The CHAIRMAN. Senator Church, do you have any questions?

Senator CHURCH. No, Mr. Chairman, I do not have any questions.

I join with you in expressing my appreciation to the witness. It is in this way that we ascertain what would be appropriate in the way of new legislation.

Your testimony has been very helpful.

Mr. JAVORS. Thank you.

The CHAIRMAN. Thank you very much.

The committee will stand in recess until next Tuesday morning at 10:30 o'clock.

(Members of the select committee present at the taking of the recess were Senators McClellan and Church.)

(Whereupon, at 4 p.m., the committee recessed, to reconvene at 10:30a.m., Tuesday, February 17, 1959.)