- 3.

this goal, we do screen employees by administering polygraph tests. At the same time, however, we recognize that polygraph tests are not infallible, and that their results should not be utilized in an arbitrary and capricious manner. Because of this,

we use such tests as an aid in evaluating the honesty and integrity of our work force, but make no personnel decisions on the sole basis of a polygraph examination.

We are aware of the serious, and legitimate, issues which have been raised about the potential for abuse in the area of polygraph examinations. Indeed, we are not opposed to legislation which would provide reasonable standards for those conducting polygraph examinations, restrict the types of questions allowed, and, in general, establish appropriate safeguards.

Mr. Chairman, my company is not here today to ask for the right to discriminate against our employees, or to infringe upon their rights in any way. It is our policy to treat our employees fairly, but, although we recognize the necessity of protecting our employees, we cannot ignore our financial concerns and the role they play in providing jobs for those same employees. Just as we owe a duty to our employees, we also have certain responsibilities for our shareholders and In this light, it is important to realize that

investors.

polygraph examinations, properly administered, can serve not

4

only to protect the interests of our shareholders, but can also serve to protect our employees against false

accusations and circumstantial evidence.

Our polygraph program is reasonable, it is judicious, it is even-handed and fair. We ask that our industry not be stripped of this invaluable protective tool.

Thank you, Mr. Chairman

STATEMENT OF THE NATIONAL ASSOCIATION OF CATALOG SHOWROOM MERCHANDISERS

United States Senate Labor and

Human Resources Committee

Concerning, S.1815, a bill to prohibit the use
of polygraph for employment purposes

The National Association of Catalog Showroom Merchandisers (NACSM) represents the $10 billion catalog showroom industry which joins with the hundreds of organizations which use polygraph in a responsible manner in oppossing the outright prohibition of our use of polygraph for employment purposes.

NACSM supports regulation of polygraph and its limitation, focused to meet legitimate industrial use to prevent theft, inventory shrinkage, and other such purposes.

The suggested premises for an outright ban on the use of polygraph is its unreliability. Yet the United States Congress passed a law last year strongly supporting the use of polygraph for defense purposes, and the United States House of representatives has just passed a bill which exempts a wide variety of industries from its prohibition.

This is hardly supportive of the notion that polygraph is always unreliable. NACSM offers to work closely with the Congress in fashioning a bill regulating the use of polygraph with minimum standards, limited questions, and certified

polygraphers and tests. We believe that we can fashion a wide cross section of the security, securities, drug, child care, jewelry and retail industries to support meaningful regulation, and most respectfully request consideration of a regulatory

approach.

NACSM anticipates discussing this issue with the Senate in the weeks to come, and we sincerely appreciate the concern of the committee for this subject, and are fashioning a bill in the public interest.

Respectfully submitted
by the;

National Association of

Catalog Showroom Mechandisers

Richard B. Kelly, General Counsel

230 Park Avenue

New York, New York 10169

(212) 687-8930

May 8, 1986

STATEMENT OF ROGER MIDDLETON BERNSEN

Roger Bernsen

3030 S. W. 144 terrace Davie, Florida 305-475-0510

33330

Dear Senator Hatch,

Enclosed is a copy of a Political cartoon I composed, the subject is polyGRAFTING. I beg you to read it. I understand you and your colleauges are drafting Laws that would prohibit the use of polygraphing in the private sector.

PASS THOSE LAWS! with no exceptions!

Senator, I understand the issues as well or better than any one on the Planet today, for I am one of its Casultiy's, a victim of the Machine, its Operators and all that are Associated with it.

A question I have for you Senator; is how many Hundereds of Thousands of AMERICANS died to preserve and protect those Ideals we call the BILL OF RIGHTS (Procedural Due Process).

The principle issue at Heart is does the machine work when it is suppose to? NO!

The polygraphs weaknesses are self eveident, for Truth is not measured; "Tremor in the Blood", a gasp of relief, or a multitude of responses cannot replace the justice that prevails under Due Process.

TRUTH IS A SINGLE ENTITY! Only the SOUL can bear witness to what is the Truth. Only GOD has the power to reveal and lift the Veil of Honesty.

These so-called examiners of truth have elevated themselves to the level of Supreme Judgement and made Orwell's Visions Reality--Man's Life, Liberty and Sacred Honor judged by a machine. This mockery of justice has to be viewed by Man as Intolerable and unacceptable, for the machine has no Soul. Unlike machines, we do have a Soul "La difference" and its the souls of twelve good Men and Women that have the right to shape a Man's Destiny.

Senator, on the following page you will find the capsulization of my story, its three years in the making.

(EDITOR'S NOTE: Due to printing limitations, the cartoon had to be retained

in the files of the committee. Sorry!)