Mr. DORSEY. To a limited degree, with Mr. Abramson and Mr. Fullmer, I believe, on Wednesday, when they submitted information about the specific complaint that has been filed. I have been on the phone with them once or twice since then. But not until Tuesday afternoon did I know, when I got a call from Mr. Fullmer for an appointment, which I believe was Wednesday morning at 10 a.m. in my office. Mr. GOODELL. May I say, I do not know about Mr. Ayres, but I had no knowledge in advance you were coming here. I know nothing of this background, but if you have not had time to prepare and know what the complaint is, then you certainly will be given enough time. We would like some answers to these things. Mr. DORSEY. I have made some preliminary survey of the complaint but it was very general and as late as yesterday morning we were still checking some of the information. Mr. AYRES. Let me ask this before we go any further. How many complaints have you had referred to you from the President's Committee, say, in the last 6 months? Mr. DORSEY. I think about 20 in the last 6 months. Mr. AYRES. I am trying to get a figure. I am trying to determine whether or not this is an isolated case. If you had 20 in the last 6 months, it certainly is not an isolated situation. Mr. ROSENFELD. It is not an isolated situation insofar as a complaint being filed is concerned, but there is a difference between the affidavits which were presented here and which we heard, which named names and circustances, and the complaint which was filed with us or forwarded to us by the President's Committee, a copy of which I have in front of me. Now, Mr. Davis has something. Mr. DAVIS. Mr. Chairman, we do not want to leave the impression this morning that we are here totally unprepared to testify. Mr. Rosenfeld is here to speak in behalf of the Administrator of General Services. He has a statement of policy that he wishes to present for the record and the GSA witnesses are prepared to testify with respect to the general complaint filed by the complainants with the President's Committee. Though the affidavits which were filed with your committee are based pretty much on the complaint, this is the first knowledge we have had of such affidavits. We are perfectly willing to proceed with the prepared statement and answer your quetsions with respect to this complaint of which we have had previous knowledge. Mr. AYRES. Do you have copies of your statement? Mr. ROSENFELD. I had intended to read the statement. Mr. AYRES. You may go ahead. Mr. ROSENFELD. Mr. Chairman and gentlemen, the following is a statement on behalf of the Administrator of General Services. Nondiscrimination in Government employment has been maintained as a policy in GSA for many years. Under the provisions of the Executive order creating the former President's Committee on Government Employment Policy, this Agency enacted implementing regu lations providing the officers and the rules and regulations by which employees of GSA or applicants alleging discrimination by virtue of race, color, religion, or national origin might be heard. A copy of the implementing regulations is attached hereto. (The document referred to follows:) PART 10. NONDISCRIMINATION IN GSA EMPLOYMENT SECTION 1. GENERAL DOA 5410.1 March 27, 1959 130. Scope. This Part sets forth the authority and responsibility for handling complaints of discrimination based on race, color, religion, or national origin. It applies to all employees and applicants for positions, except noncitizens at overseas locations. 131. President's Committee on Government Employment Policy. This body (hereafter referred to as the President's Committee), consisting of three Government members and two public members, is responsible for making recommendations on personnel practices and methods to make effective throughout the executive branch of the Federal Government the nondiscriminatory employment policy stated in Executive Order 10590, dated January 18, 1955. It also furnished advisory opinions to department and agency heads on cases referred to it at the request of the complainant or on the initiative of the department and agency heads. 132. Responsibility. a. The Employment Policy Officer in the Central Office shall be responsible for investigating complaints of alleged discrimination and for assisting and advising the Administrator on all matters necessary to assure conformity with the policy and intent of Executive Order 10590, and the regulations and procedures established by the President's Committee. b. The Deputy Employment Policy Officer in each region shall be responsible for assisting the Employment Policy Officer in the Central Office in carrying out these responsibilities. 133. Reserved. SECTION 2. COMPLAINTS 134. Who may file. Any employee, applicant, a duly authorized representative, or designated spokesman of a duly constituted group or organization may file a complaint under this Part. 135. How to file. All complaints must be in writing and must include the following: a. Specify whether the alleged discrimination is based on race, color, religion, or national origin; b. State exactly and clearly the personnel matter or action about which complaint is made; c. Give the date of the action; d. Give the title and grade of the position, and the organizational unit where it is located, if the complaint concerns failure of appointment or promotion to a particular position. e. Give the name and title of the supervisor or official who is responsible for the alleged discrimination if known; and f. State all facts which support the belief that there has been discrimination due to race, color, religion, or national origin. 136. Where to file. Complaints may be addressed to: a. The President's Committee on Government Employment Policy, Room 308, U.S. Civil Service Commission, 8th and F Streets NW., Washington 25, D.C.; b. Employment Policy Officer, General Services Administration, General Services Building, Washington 25; D.C.; or c. The Deputy Employment Policy Officer in the regional office. 137. Reserved. Mr. ROSENFELD. Upon the signing of Executive Order 10925 by President Kennedy establishing the President's Committee on Equal Employment Opportunity, GSA reexamined its employment policy insofar as discrimination because of race, creed, color, or national origin was concerned. This was for the purpose of planning further 77736-62-pt. 2- -9 implementation of its rules and regulations, where necessary, in conformity with the desire of the President in his Executive order, and in conformity with the rules and regulations of the President's Committee on Equal Employment Opportunity of which the Administrator of GSA is a member. On July 24, 1961, 2 days after the publication of the rules and regulations of the President's Committee on Equal Employment Opportunity, the Administrator of GSA established a special staff section in the Office of the Director of Administration, operationally responsible to the head of the agency, to devote full time to implementing and coordinating, within GSA, the policies of the President's Committee. At the present time this office comprises a nondiscrimination officer and a deputy, who is also the employment policy officer of GSA. The deputy employment policy officers in the regional offices have been continued. For the purpose of again bringing to the attention of officials and employees the basic GSA policy on nondiscrimination in employment, the Administrator issued a GSA order on October 16, 1961, setting forth the policy and responsibility of officials and employees within the agency. A copy of the order is attached hereto. (The copy of the order referred to follows:) GENERAL SERVICES ADMINISTRATION Subject: Nondiscrimination in Employment. 1. Purpose. This order again brings to the attention of officials and employees the basic GSA policy on nondiscrimination in employment. 2. Background. Executive Order No. 10925 issued by President Kennedy on March 6, 1961, reaffirmed the policy expressed in Executive Order No. 10590 of January 18, 1955, and prohibits discrimination against any employee or applicant for employment in the Federal Government because of race, creed, color, or national origin. Executive Order No. 10925 established the President's Committee on Equal Employment Opportunity, which is directed immediately to scrutinize and study employment practices of the Government, and to consider and recommend additional affirmative steps which should be taken by executive departments and agencies to realize more fully the national policy of nondiscrimination within the executive branch of the Government. 3. Policy. It shall be the policy of GSA, in all personnel practices and actions, to afford equal opportunities and consideration to all persons, without regard to race, creed, color, or national origin. 4. Responsibility. (a) Heads of Services and Staff Officers in the Central Office and Regional Commissioners are directly responsible for assuring adherence to the nondiscrimination policy within their areas of jurisdiction. (b) In all personnel actions and practices, officials and supervisors are expected to be guided by considerations of merit, fitness, equality of opportunity, and fair treatment, without regard to race, creed, color, or national origin of applicants or employees. Each supervisor should be on guard against actions or words that could be interpreted as discriminatory, and should be alert to identify and correct any practices contrary to the intent of the policy. JOHN L. MOORE, Administrator. Mr. ROSENFELD. On the same day a memorandum was issued to all employees by the Administrator on nondiscrimination in employment and particularly emphasized his pledge to cooperate to the fullest ex E tent with the President's desire to end discrimination within the Fed- GENERAL SERVICES ADMINISTRATION To: All GSA Employees. Washington 25, D.C. MEMORANDUM OCTOBER 16, 1961. From: The Administrator. Subject: Nondiscrimination in Employment. The employment practices of General Services Administration have always been designed toward the policy of equal employment opportunity regardless of race, creed, color, or national origin. This is evidenced by the fact that over one-third of our employees are members of the minorities. On March 6, 1961, President Kennedy, in his determination to eliminate all discrimination in employment in the Federal Government, issued Executive Order No. 10925 in which he set forth the steps to be taken for the achievement of his goal. As a member of the President's Committee on Equal Employment Opportunity, established by the above Executive order, and as Administrator of General Services, I have pledged to cooperate to the fullest extent with the President's desire to end discrimination within the Federal Government. Accordingly, expect every employee within GSA who has the authority to recruit, hire, promote, train, transfer, demote, separate, or fix compensation to carry out such responsibilities without regard to race, creed, color, or national origin of applicants or employees. To this end I have established a special staff in the Central Office to devote full time to implementing and coordinating, within GSA, the policies of the President's Committee on Equal Employment Opportunity. A Deputy Employment Policy Officer has also been designated in each regional office to aid in implementing this program. Any aggrieved GSA employee or qualified applicant for employment who believes he or she has been discriminated against because of race, creed, color, or national origin has the opportunity to be heard. Complaints may be filed with the Deputy Employment Policy Officer of your region or the GSA Employment Policy Officer in the Central Office. These officers are also available to provide further information. JOHN L. MOORE, Administrator. Mr. ROSENFELD. In order to assist the regional offices with the implementation of the most recent rules and regulations and in order to discuss the most recent policy and thinking on nondiscrimination, a series of staff visits is being made by the nondiscrimination officer to all regional offices. To date, 9 of the 10 regions have been visited. During these visits individual conferences are held with GSA officials, and in many regions supervisors, for the purpose of discussing problems indigenous to the area. GSA has also participated actively in the conferences of regional heads of Government agencies held by the President's Committee for the purpose of discussing recruitment of minorities, community relations, employment practices and future planning. To date, the agency has participated in such meetings in Atlanta, Nashville, Chicago, Los Angeles, St. Louis, Philadelphia, and New Orleans and will continue to participate in the future conferences which are to be held monthly. In addition to the local regional commissioners, personnel officers and deputy employment policy officers, the Administrator of GSA is being represented at these conferences by his nondiscrimination officer. By way of instruction, a portion of each training course, usually one full class period, is being devoted to the subject of nondiscrimination in Government employment. This course of study encompasses all grades from the highest supervisory level to the lowest blue-collar worker. Pilot periods of instruction conducted during the past few months indicate that there is an increasing interest on the part of supervisors to eliminate discrimination in Government employment and to cooperate in the program. As a further indication of the progress made by GSA in its nondiscrimination program, the following statistical information is submitted: I might state here, sir, for the record, that the statistics which were furnished this morning are correct insofar as the top group of statistics are concerned. They are a copy of the statistics which we presented to the Subcabinet Group on Civil Rights of the White House and they were presented last spring in the head count made by all governmental agencies. Now, the percentages in the lower half of the column are not GSA figures. Now, in the spring of 1961, a report was submitted to the Subcabinet Group on Civil Rights which contained an actual head count of Negro employees within GSA at that time. Of the total GSA employment of 29,411, there were 10,596 Negroes. A recent head count of Negro employees in certain GSA categories as of December 31, 1961, requested by the President's Committee and the Subcabinet Group on Civil Rights, presents an opportunity for comparison with the figures submitted last spring. I believe, by the way, sir, these figures are significant in the light of some of the statements this morning. In the grades GS-5 through GS-11 as of December 31, 1961, 385 Negroes had positions, compared to 318 positions held by Negroes in the spring of 1961, an increase of 67. Mr. AYRES. Is that within your region? Mr. ROSENFELD. That is GSA, countrywide, because the figures you gave me, the figures you presented and the figures which I said were correct are the GSA nationwide figures. In the grades GS-12 and above as of December 31, 1961, 10 Negroes held positions, compared to 4 positions held by Negroes in the spring of 1961, increase of 6. Considering the large percentage of Negro employees, there have been relatively few complaints involving discrimination by virtue of race, creed, color, or national origin. At the present time there are 15 complaints pending, of which 5 are simply awaiting final approval by the President's Committee of action taken by this agency. The complaints which are the subject of this inquiry were forwarded to GSA on January 5, 1962, and are presently under investigation. As Deputy Administrator of GSA during the spring and summer of 1961, I assisted in the formation and the promulgation of the policy of nondiscrimination within GSA, as set forth in this statement. As Administrator, I heartily endorse the program and I have already taken an active part in the affairs of the President's Committee on Equal Employment Opportunity. I, as did my predecessor, pledge to cooperate to the fullest extent with the President's desire to end discrimination within the Federal Government. Respectfully submitted. BERNARD L. BOUTIN, Administrator. Mr. GOODELL. At the outset, Mr. Rosenfeld, may I ask what your policy is with reference to Negroes who make complaints? Mr. ROSENFELD. Yes, I can either answer it or have Mr. Dorsey, who is the employment policy officer, answer it. I may go this far. If a Negro files a complaint, alleging discrimination by virtue of race, creed, color, or national origin, that complaint is investigated, if he files it in the regional area, by the Deputy Employment Policy Officer, or if he files it directly with the Employment Policy Officer, the Employment Policy investigates it. |