under this section, the parties to the dispute shall continue or resume work and operations under the terms and conditions of employment which were in effect immediately prior to the beginning of the dispute unless a change therein is agreed to by the parties.

POWERS OF EMERGENCY BOARDS

SEC. 303. A separate emergency board shall be appointed pursuant to section 302 for each dispute and shall be composed of such number of persons as the President may deem appropriate, none of whom shall be pecuniarily or otherwise interested in any organizations of employees or in any employer involved in the dispute. The provisions of section 11 of the National Labor Relations Act, as amended by this Act (relating to the investigatory powers of the National Labor Relations Board) shall be applicable with respect to any board appointed under this section, and its members and agents, and with respect to the exercise of their functions, in the same manner that such provisions are applicable with respect to the National Labor Relations Board. Any board appointed under this section may prescribe or adopt such rules and regulations as it deems necessary to govern its functions. Members of emergency boards shall receive compensation, at rates determined by the President, when actually employed, and travel expenses as authorized by section 5 of the Act of August 2, 1946 (5 U. S. C. 73b-2), for persons so employed. When a board appointed under this section has been dissolved, its records shall be transferred to the Secretary of Labor.

TITLE IV-MISCELLANEOUS PROVISIONS

APPLICATION OF ANTI-INJUNCTION STATUTES

SEC. 401. The Act entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes" (Norris-LaGuardia Act), approved March 24, 1932 (U. S. C., title 29, secs. 101-115), and sections 6 and 20 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes" (Clayton Act), approved October 15, 1914, as amended (U. S. C., title 15, sec. 17, and title 29, sec. 52), are continued in full force and effect in accordance with the provisions of such Acts; except that the provisions of such Act and such sections shall not be construed to be applicable with respect to section 10 of the National Labor Relations Act.

POLITICAL CONTRIBUTIONS

SEC. 402. Section 610 of title 18 of the United States Code (Public Law 772, Eightieth Congress, second session), is amended to read as follows:

"SEC. 610. It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution in connection with any election to any political office, or for any corporation whatever to make a contribution in connection with any election to any political office, or for any corporation whatever to make a contribution in connection with any election at which Presidential and Vice Presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section. Every corporation which makes any contribution in violation of this section shall be fined not more than $5,000; and every officer or director of any corporation who consents to any contribution by the corporation in violation of this section shall be fined not more than $1,000. or imprisoned not more than one year, or both.'

DEFINITIONS

SEC. 403. When used in this Act

(1) The term "industry affecting commerce" means any industry or activity in commerce or in which a labor dispute would burden or obstruct commerce or tend to burden or obstruct commerce or the free flow of commerce.

(2) The terms "commerce,' "affecting commerce,' "labor dispute," "employer," "employee,' "labor organization," and "person" shall have the same meaning as when used in the National Labor Relations Act as reenacted by title I of this Act.

SAVING PROVISION

SEC. 404. Nothing in this Act shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent; nor shall the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees be deemed a strike under this Act.

EXEMPTION OF RAILWAY LABOR ACT

SEC. 405. The provisions of titles II and III of this Act shall not be applicable with respect to any matter which is subject to the provisions of the Railway Labor Act, as amended.

SEPARABILITY

SEC. 406. If any provision of this Act, or the application thereof to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby. Amend the title so as to read: "A bill to repeal the Labor-Management Relations Act, 1947, to reenact the National Labor Relations Act of 1935, and for other purposes.'

O

MAY 4 (legislative day, APRIL 11), 1949.-Ordered to be printed

Mr. TAFT (for himself, Mr. SMITH, and Mr. DONNELL), from the Committee on Labor and Public Welfare, submitted the following

MINORITY VIEWS

(To accompany S. 249

INTRODUCTORY

In reporting out S. 249 in its present form (hereinafter referred to as the committee bill), the majority of the Committee on Labor and Public Welfare are asking the Senate to pass a law which the committee had no part in formulating. According to the Secretary of Labor, the committee bill was drafted under his direction with the advice and assistance of the heads of several executive agencies and departments and approved by the President. Consideration by the committee of the committee bill as a whole or of any of its specific provisions was completely denied. Minority members were not even permitted to offer amendments. Without discussion in committee, by an 8-to-5 vote which strictly followed party lines, the committee bill was sent to the floor just as it had been drafted by persons outside the legislative branch of the Government. The many and valuable suggestions made by various responsible witnesses during the hearings were completely ignored. The entire procedure followed with respect to this bill represents a complete abandonment of the legislative principles upon which our Government was founded.

The signers of this report in approaching the subject of labor legislation this year are motivated by the urge to bring about more amicable relations between management and labor. What we want to avoid at all hazards is the atmosphere of animosity and class division which is being engendered by an unfortunate propaganda. If we are to have sound labor-management relationships in this country, and if we are to bring the two groups into an atmosphere of partnership, rather than antagonism, we must do all that we can to meet every legitimate criticism of the act. We have tried to start

S. Repts., 81-1, vol. 1-75

from the beginning and develop amendments embodying the best features of all past labor laws.

In the spirit of statesmanship and not of partisanship, we have adopted from the Wagner Act and the Taft-Hartley Act those provisions which may well be agreed upon as fair and just to both parties, and as aiding in the establishment of right management-labor relationships. This will be the purpose of the signers of this report in dealing with this matter when the legislation comes up for debate on the floor of the Senate.

We have pointed out this background because we must urge drastic amendment of the committee bill upon the floor of the Senate, which is always an undesirable method of legislating. We would have preferred proposing our amendments in committee and would have cooperated with the majority to the fullest extent in working out an equitable labor-management law. We have repeatedly indicated our desires to modify the existing law where changes are shown to be necessary or desirable in the interests of an evenly balanced labormanagement policy and the protection of the public. There are, however, certain fundamental objectives of the present law which in one form or another must be retained. If enacted into law, the committee bill, S. 249, would:

(1) Deprive the American public of any effective protection in national paralysis strikes by eliminating the power of the President to obtain an injunction;

(2) Deprive the Mediation and Conciliation Service of that confidence in its impartiality, which is so necessary if it is to accomplish its objectives, by returning it to the Department of Labor;

(3) Deprive the American workingman by elimination of the nonCommunist-affidavit requirement of his most effective tool for exposing and driving out Communists from positions of leadership in his union;

(4) Abolish all control over the union welfare funds which are supported by employer contributions, and thus deprive the employees of the assurance that they will participate in the benefits of the funds created for them;

(5) Eliminate the prohibition of strikes by Government employees; (6) Permit union officers to use union funds for direct contributions to political candidates by making the Corrupt Practices Act apply only to corporations, thus permitting elections to be bought and dues dollars used for purposes contrary to the desires of a substantial portion of the union membership;

(7) Require employers to bargain in good faith while permitting unions to bargain on a "take it or leave it" basis;

(8) Remove one of the great incentives for collective bargaining: The knowledge that the other party will be responsible in a court of law for its commitments in the contract once made;

(9) Remove all restrictions upon mass and coercive picketing, thus permitting unions by force and violence to prevent employees from going to work;

(10) Permit a closed shop and a closed union barring many workmen from engaging in their chosen trade, permitting unions to require_the discharge of employees although they may have been denied membership for completely unjustifiable reasons, and placing no restriction upon the amount of the initiation fee unions may require;