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ment, because they illustrate, it seems to me, the human and explosire, or potentially explosive, elements in this whole question:

The occupational structure of the Negro labor force is serionsit out of hide with the social characteristics of the American labor force in general. Negros are disproportionately concentrated in the “lower” occupations, and only pery slight improvement has been registered during the past 20 years.

Research by Dr. Vivian Henderson indicates that Negroes make up about 11 Per chat of all employed workers, but they make up 44 per cent of all household workers-four times their proportion of employed workers. They account for 21 per cent of all service workers and 26 per cent of all laborers, more than twice their proportion of employed workers. On the other hand, they make up less than 6 per cent of all employed craftsmen, 3 per cent of all salesmen, and 6 per cent of all clerical workers. Fully 43 per cent of all employed Negro males are working in jobs below the semi-skilled level, compared with only 15 per cent of all employed white workers.

These figures, sir, were released only last year by the Bureau of Labor Statistics.

This indicates the concentration of Negroes in the low-paying categories and it seems to me that while we talk about the technicalities of this bill and its political applications and legal applications we ought not to forget the very human problem of unemployment that we are discussing and finally, sir, I refer to a matter that is in the forefront of everyone's mind because we are approaching summer and the question in everyone's mind is what kind of a summer can we have, whether it will be peaceful or whether it will be turbulent and full of tension, and it seems to me pertinent to call attention in that connection to the unemployment figures for Negro teenagers.

Pathology with explosive potential can be observed in the situation of the Negro teenagers. Unemployment among this group is two to three times that of comparable white groups. One of three of every female Negro teenager in the market today is looking for a job and cannot find one. The same is true for one out of every four Negro male.

The figures for the explosive summer months of 1966 were 32 Negro teenagers unemployed per 100 compared to 14 per 100 for white teenagers.

Now it seems to me that in these figures lies the answer to whether we are going to address ourselves realistically to this problem or not because when you have young teenagers of any race full of muscle and vim and vigor and full of idleness also, you have all the ingredients for mischief and for unexplainable explosions. When you cap this in with a sense of being rejected and denied and frustrated because of thing like race, then you do indeed have explosive ingredients. It is gratifying to note that the President sent over day before yesterday a request for $75 million additional for summer employment and I notice that Director Sargent Shriver has indicated that this money if appropriated will be put immediately to use in the summer program.

I also note that there is a bill for a supplemental appropriation taking up the amount that was chopped out of the last appropriation. All of this is to the good and all of it is crying for attention but, of course, summer employment, while relieving a sore spot and a spot of potential tension and trouble, is merely a palliative and the real correction of the situation lies in perfection and enactment of the kind of bill which you and Senator Javits have submitted here and its appropriate amendment.

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I don't think, Senator, that we can add anything to the thousands of words that have been spoken on unemployment among Negroes and the necessity of the Federal Government to do something about it.

Senator CLARK. Thank you very much, Mr. Wilkins.
Thank you, gentlemen.

I have relatively few questions. You gentlemen remember that back in 1964 this subcommittee pressed through the full committee and brought to the calendar what was then known as the Humphrey bill, which had a rather different administrative setup from the present administrative setup of the Equal Employment Opportunity Commission. Everybody seems to have backed away from that this year and I am wondering whether on more mature reflection that particular organizational pattern, which personally I still think is better than the one in the present law, is just not pragmatic or not politically realistic, or whether you thought it just wasn't any good. Which of you

would like to answer that? Mr. MITCHELL, I would defer to Joe. Mr. RAUH. Go ahead.

Mr. MITCHELL. I think what we have been trying to do in this whole process, Senator Clark, is to evolve legislation that would do the job and could also pass. In trying to arrange for a piece of legislation which would do the job, the thing that we considered most was what we considered most was what we were able to get through Congress the last time. One of the things which is very important about this is the fact that we do want the complainant to have an opportunity to be represented by counsel and have the right to appeal his case even after the Commission itself might find that in its opinion there was no discrimination.

This has been the main emphasis that we have been considering and we have not abandoned anything because we thought it was bad. We have just adopted what people said would be workable, what experience has shown us would be workable, and what we think we have the votes to get through in Congress. Senator CLARK.

Do all you gentlemen concur in what Mr. Mitchell said?

Mr. Rauh. I would like to just add this one point, Senator. I think that your bill in 1964 had a lot of very valuable things in it. One thing, if my recollection is correct, was that it included a requirement of affirmative action, like making employers advertise in the newspapers in the Negro areas where they had in the past discriminated. In other words, I think there was a lot of value in that bill. I doubt that you would want to shift to the whole pattern of that bill but some of the thinking behind it would be very valuable here and I don't think it should be discarded. You must recognize that we are desperately anxious to get this cease and desist power but I certainly wouldn't think we want it at the expense of overlooking the affirmative things that you had in that earlier bill. I for one was very interested in that bill and would like to see some of the affirmative suggestion in there carried over here.

Senator CLARK. I agree that we have to be pragmatic, thongh sometimes we would rather be perfectionists, but the heart of the Humphrey bill which I played some part in myself was that it made of the Equal Employment Opportunity Commission a sort of quasi-judicial body.

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Mr. GREENBERG. So thai I 15 Tout obsertation 2011 the neces sity of the importante of the Commission initiating compass exceedingly we taken and it can do it but as imparai as it is the question is what can I DO A !

Senator (LAFE I awab ibai. That concerns me was the fai mont we heard this morning from the store Commisoners there are at the moment. Therocated that ibes were behind in pairs on complaints. They have a backlog. The Commission has apparently spent a great deal of their time writro opinions as judges.

Mr. MITCHELL Senator Clark, before you finish I would like to make it clear that anybods who looks at what happened in 1964 When we passed the law waich is DOF on the books knows that they of us who were engaged in that fight, including rourelf and the 120 Vice President, all wanted the very best posebe bill and we get inte a situation where we got a pretty good bill through the Horse and then of course we ran into revisionists orer here in the Senate wide proceeded to rerise downward.

Now, we are trying to make the best of the bill and I think in Jr. Greenberg's testimons there is an indication of how potent this law can be when he cites some of the court cases where yon had a pure application of the law which has resulted in signiticant employment and changes in the pattern of the employer.

I will be frank with you and say that the Commission just has nos done all that it could do with its existing powers. It is my opinion that the Department of Justice has not done all that it could do imder existing powers. This of course can't be corrected by revising the law It is necessary to revise the ideas of those who administer the law and I think we have just got to face up to that. If I had my way. I would certainly insist that whoever is named the Chairman of this commission ought to be in the job for a reasonable period of time and he

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ought not be named unless he is willing to serve out that full period. In Washington is the place where you get a lot of grapevine information that the present Chairman is not going to remain with the Commission. This is ridiculous. Here I don't think he has been in office a year.

Senator CLARK. Since September.

Mr. MITCHELL. That is right. The prior Chairman, a fine man, went out after a short period of time. It seems to me we have just got to say to these people who take these jobs—"just don't take it unless you are going to stay and see this thing through.

I think also we have got to insist that they tell the whole story. They could have told you this morning the information that I have El particu given to you about apprentice training. They could have answered your question this morning about where the bulk of the complaints z legisla come from. In their own report they indicate that Alabama and North rader if Carolina are the places—this is a printed report—from which most of the complaints come.

BOB I thought the Secretary of Labor was less than candid with the committee when he talked about that Cleveland situation. It seems to me

Llors that he should have explained what the real drag is in this problem; as this the fact that Negroes are expected to meet unreasonable, unfair, and undemocratic standards.

Now, these are things that you can have the best law in the world but you can't correct them unless you correct the actions of people who administer the law and I want to say that I love everybody who

a state is connected with the Commission and I think everybody is just great in this picture but we have got to be more forthright in explaining what some of these real problems are.

I just wanted to say one final thing. We had an admonition this morning from the committee indicating that people need to be active in pressing for this law. Well, we represent the people and we are here but you are the only member of the committee who is here. I understand that the Senate is a busy body but I submit, excluding myself, that when you have got a distinguished panel such as this, it should be possible to have a better attendance of this subcommittee than we have. Poor attendance makes a bad image to the people. It makes a bad image to the press when we have a situation in which we talk about an important statute like this and a lot of empty seats are there. I am happy to say the room is full of interested citizens, we have a very gracious and wonderful chairman but no committee members.

Senator CLARK. I would like to make a comment off the record. (Discussion off the record.)

Senator CLARK. Mr. Mitchell, I think what you have said is extremely interesting.

Gentlemen, Senator Javits yesterday introduced his own bill which is quite different from the administration bill which he and I cosponsored. We placed this bill in the record together with a speech he made. Have you gentlemen had an opportunity to study the Javits bill!

Mr. GREENBERG. We saw it in the press. Senator CLARK. I would ask each of you if you would or perhaps Mr. Wilkins, you could coordinate to give the committee a somewhat detailed statement or critique on the Javits bill on which we are holding hearings. I ask you to get that in as promptly as you can.

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Mr. WILKINS. Very good.
Senator CLARK. We had some discussion this morning about the im-
pact of the State FEPC legislation on the Federal bill and it was
brought out that 38 of the 50 States have some form of equal employ-
ment opportunity legislation, although there seems to be some dif-
ference in statistics between the Secretary of Labor and the members
of the Commission.

I think I gathered that 31 of the 38 had fairly adequate enforce-
ment provisions. The other seven didn't. I was quite unable to get from
Mr. Shulman, although I questioned him fairly carefully, any indica-
tion as to whether, in assessing the number of complaints received
from a particular State, it makes any difference whether it is a good
State law or not, and whether the difference which is paid in the
present legislation to State enforcement procedures is wise or not.

I wonder if you gentlemen would address yourselves to those two questions. First, does a good State law help? And, secondly, is the present procedure for correlating Federal complaints with State complaints an appropriate one!

Mr. Young. I would like to speak to this. My figures are almost the same as this. I had 35 States with FEPC laws with 28 of them with enforcement features. Interesting enough, less than half of them started out with them but later found they needed them and of the seven that do not have them four have since added them. So that, I would very strongly indicate that there is a major difference between those State laws where there are clear-cut cease and desist orders and enforcement procedures and those that represent just good advice.

But I think I would also go back to the point that Mr. Mitchell was making that a great deal depends upon the Commission itself and the leadership and the administrative freedom and support which is given it.

This Commission here actually started out with a philosophy that it was an educational agency. In spite of the fact that you had plans for progress with voluntary programs, you had private agencies like our own agency, the Urban League, that was trying to get people to do these things voluntarily they didn't conceive of themselves as an agency to enforce the law and word got around.

Now, I think this backlog they talk about of complainants would be greatly reduced if they would more aggressively enforce, if they had the legislation here that would permit them to issue cease and desist orders. They spend so much time going back and forth with petitions and having discussions and all of this. This is why they have the big complaint.

Senator CLARK. How about the State laws?
Mr. YOUNG. There is no question that where there is the enforce-
ment provision-

Senator CLARK. No question of what, that it helps ?
Mr. YOUNG. Pardon?

Senator CLARK. You say there is no question but you didn't finish the sentence. There is no question that that helps

Mr. Young. Yes, but it is also related to the Commission itself, it is personnel and its administrative support from the Governor.

Senator CLARK. I got the impression this morning that there was a sort of a battledore and shuttlecock going on. A Federal complaint

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