and all of them, may I say, directly related to the achievements of the objective of equal employment.

In short, the experiences of the States and the experience of the Federal Government teaches us that authority for comprehensive, direct, speedy, and flexible administrative action is needed with due and proper provision for appeal and judicial review. My bill creates an independent Equal Employment Opportunity Board to provide for such appeals of orders issued by the administrator or in the cases where the administrator fails to uphold the complaint of the allegedly aggrieved individual. This Board would operate in the fashion of an administrative court, concerned solely with reviewing and enforcing decisions of the administrator, somewhat as the Tax Court reviews and enforces the judgments of the Commissioner of Internal Revenue. The Board would have no policy or operating responsibilities. Provision has been made for the Board to appoint hearing examiners and to delegate to such examiners the authority to issue decisions in the name of the Board. Finally, decisions of the Board can be taken to the appropriate Federal circuit courts for final enforcement.

However, if past experience of State FEP commissions is relevant, the authority of the administrator to initiate action to correct employment practices that deny equal job opporunities will prove to be a sufficient remedy in most cases. Skillful persuasion and conciliation, backed up by the knowledge that sanctions exist if needed, should achieve a satisfactory resolution of the situation in most instances. In any event, it is clearly not the intention of this legislation simply to transfer the duties of the traditional FEP commission to the Equal Employment Opportunity Board. The burden of implementing the policies of the act will lie entirely with the administrator and the Equal Employment Opportunity Administration in the Department of Labor.

The proposed legislation is comprehensive in coverage. Persons subject to the provisions of the act include any employer engaged in commerce or in operations affecting commerce or any Government contractor, Federal agency, labor organization, and employment agency. The bill does not contain categories of exemptions, such as private employers not doing business with the Government or employers of a certain size or engaged in certain types of activity. Often such exemptions have tended to create invidious and competitive comparisons with those industries and persons covered. The failure to include labor unions, employment agencies, or training programs closely associated with employment has created uncertainties as to responsibility and actual coverage.

President Kennedy specifically urged the Congress in his recent civil rights message to enact fair employment practices legislation. I hope we are sufficiently aware of the nature of the civil rights crisis to heed the President's wise counsel. There is an urgent need to guarantee every American the opportunity to hold a job when he possesses the requisite training and experience. He also has the right to expect an equal opportunity to acquire training and experience that will qualify him for personally and economically satisfying work. No one seeks charity for any group or segment in our society.

Mr. Chairman, I ask permission of the subcommittee that the text of the legislation that I will introduce this afternoon be printed at the appropriate place in the hearing.

Let me again express my sincere appreciation for your indulgence and for your gracious and courteous attention this morning.

Senator CLARK. That will be done, and I will ask that the full text of Senator Humphrey's bill, together with the Senate number be printed in the record.

The bill will, of course, be submitted to this subcommittee.

Senator HUMPHREY. Í have a brief summary of the provisions of

the bill.

Senator CLARK. I will ask that be printed also following Senator Humphrey's bill. I think at the beginning of these hearings we should have the text of all the bills printed for the convenience of those considering the hearings. (See p. 2-72.)

Senator BURDICK. Mr. Chairman, as usual my neighbor from Minnesota did his usual good job.

When I was in your State many years ago I became exposed to many of the principles of law at the university. I am wondering if you have any legal authority on this question of enforcing the orders of the commissions or the boards? Do you have any problems in Minnesota?

Senator HUMPHREY. No, we have not. We have a State fair employment practice law now in Minnesota and we have, as you know, the municipal ordinances in Minneapolis and St. Paul, and I believe in one or two other cities. Those laws are enforcible in our State first by the order of the commission, and if the commission's order is not complied with then by the order of the court.

We have both cease and desist as well as criminal penalties if court orders are violated.

Senator BURDICK. Has that been up for review by the State supreme court?

Senator HUMPHREY. It has, the laws have been held constitutional within the commerce clause and within the sections of our State constitution.

Senator BURDICK. Does your bill envision a similar type of enforcement?

Senator HUMPHREY. Yes, sir. As a matter of fact, this bill is the result of many discussions with local fair employment practice commissioners, with people in the Labor Department that have been working closely in this whole employment and manpower pattern or problem area, and as a result of a good deal of discussion with lawyers that are well acquainted with labor law and civil rights legislation.

I have no doubt as to the constitutionality of my proposal and I have no doubt that the enforcement procedure that is outlined has been-well, has had many years of application in other areas. Senator BURDICK. Thank you very much.

Senator CLARK. Senator Pell?

Senator PELL. No questions, except to thank Senator Humphrey for his presentation.

Senator CLARK. Senator Javits?

Senator JAVITS. Do you have any questions?

Senator CLARK. No, I haven't.

Senator JAVITS. I have just one question, Senator Humphrey. Of course, the sailent issue between your bill and classic bills before us is the question of whether to have an independent fair employment

practices commission or to have an administrator-board procedure within the Department of Labor.

I would not be prepared to say no to your ideas. But they are different from what we have had.

Is it your fundamental intention that when you get to the question of hearing an enforcement case, there shall be what is really an autonomous, quasi-judicial body, without responsibility for mediation and conciliation.

Senator HUMPHREY. That is correct.

Senator JAVITS. In other words, you really want to concentrate the mediation and conciliation function and the nonjudicial enforcement function through manpower laws, apprenticeship practices, et cetera, in the Administrator

Senator HUMPHREY. That is correct.

Senator JAVITS (continuing). Who will be a functioning entity in the Department of Labor, an operating official. Whereas when you get into the stage of complaint, hearing, et cetera, you want to go to a body which has no concern with mediation and conciliation?

Senator HUMPHREY. Yes, a body that reserves for itself the responsibility and the role of reviewing the orders of the Administrator, of reviewing the complaints of the alleged aggrieved party. In other words, acting in a quasi-judicial function.

Senator JAVITS. That is the essential thrust of your legislation and why it differs from the classic FEPC bill where we contemplate that the commission itself will have the conciliation and mediation function itself.

Senator HUMPHREY. As well as the enforcement.

I just want to add this extra thought, Senator, that I really believe that the close association with the Department of Labor, in light of the services provided by the Department of Labor and the many responsibilities of that Department now, is quite essential. With the manpower training program, with your employment agents under the Department of Labor, so on; I think this could be very helpful. Again, may I say that how the agent or how the activity is established may be not the most important thing, structurally. But what is most important is that we do something. I do believe that you could establish the Administrator within the Department, but that the appeal board could be kept separate and distinct, just as you would have a Tax Court separate and distinct from the Bureau of Internal Revenue.

Senator JAVITS. I join with my other colleagues and thank my colleague for coming to us with this measure. He bring great prestige and I think he will help us greatly.

Senator CLARK. Thank you, Senator Humphrey.

Your bill will be given very careful consideration.

Senator HUMPHREY. I thank the chairman and the subcommittee. Senator CLARK. The subcommittee will stand in recess until 10 tomorrow morning.

(Whereupon, at 11:50 a.m. the hearing was recessed, to reconvene at 10 a.m., Thursday, July 25, 1963.)

EQUAL EMPLOYMENT OPPORTUNITY

THURSDAY, JULY 25, 1963

U.S. SENATE,

SUBCOMMITTEE ON EMPLOYMENT AND MANPOWER OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE, Washington, D.C. The subcommittee met at 10 a.m., pursuant to adjournment in room 4232, New Senate Office Building, Hon. Jennings Randolph presiding pro tempore.

Present: Senators Clark, Randolph, Pell, Burdick, Kennedy, Jordan of Idaho, and Javits.

Committee staff members present: Stewart E. McClure, chief clerk; Edward D. Friedman, counsel to the subcommittee; Dr. Garth L. Mangum, research director; Raymond D. Hurley, associate minority counsel; and Michael Bernstein, minority counsel.

Senator RANDOLPH. Good morning, ladies and gentlemen.

Hearings in the Subcommittee on Employment and Manpower of the Committee on Labor and Public Welfare resume this morning with testimony to be presented by George Meany, president of the AFL-CIO. You have with you at the witness table Mr. Meany certain of your associates whom you may introduce and identify for the record. Would you do so, please?

Mr., MEANY. This is Mr. Andrew Biemiller, the head of our legislative department, Mr. Thomas Harris, our counsel, and Mr. Boris Shishkin, the head of our civil rights department.

Senator RANDOLPH. Thank you, gentlemen.

May I for a moment, go back to 1924? At that time I was a newspaper reporter on the Clarksburg, W. Va., Daily Telegram. I remember that the body of Samuel Gompers moved through West Virginia in a special car on the Baltimore & Ohio Railroad.

I remember that the train stopped in Clarksburg at the station at approximately 4 a.m. in the morning.

Mr. Meany, there were literally hundreds and hundreds of people who passed through the car to pay respects to Samuel Gompers. I covered the story so I remember the occasion.

I use this illustration this morning for a specific purpose, to express appreciation for those leaders within organized labor who have made notable contributions to the cause of our economic system, its growth and its development.

And, it is not a pleasantry when I say this morning rather than later during the hearings that I have personally and officially had the very highest esteem for your leadership within the AFL-CIO. We are very happy, Mr. Meany, to have your testimony and the opportunity to explore with you the pending legislation.

STATEMENT OF GEORGE MEANY, PRESIDENT, AFL-CIO; ACCOMPANIED BY ANDREW BIEMILLER, LEGISLATIVE DEPARTMENT; THOMAS HARRIS, COUNSEL; AND BORIS SHISHKIN, CIVIL RIGHTS DEPARTMENT

Mr. MEANY. Thank you, Mr. Chairman. As you state, I am here to present the views of the AFL-CIO on proposed equal employment legislation.

It is a special pleasure to appear here today in an atmosphere of activity. We in the AFL-CIO, and the AFL and CIO before it, have long advocated strong Federal legislation to insure nondiscriminatory employment practices in American industry.

At its most recent convention, in December 1961, the AFL-CIO unanimously resolved to continue its support for such legislation in these words:

We renew our support for the passage of an enforcible Federal Fair Employment Practices Act to outlaw discrimination in all employment by employers engaged in an industry affecting commerce, including all employment and training of apprentices and learners, and including all unions which represent employees engaged in employment affecting commerce.

The fair employment practices law we seek should include the kind of conciliation and enforcement powers that have been tested and proved effective in the 20 States that have already enacted such laws.

This is part of the resolution passed by the AFL-CIO in its convention in 1961. Let me emphasize the phrase in that resolution: *** including all unions which represent employees engaged in employment affecting commerce.

I want to state emphatically that we want unions covered by equal opportunity legislation.

This has always been our official position. And this position has been presented to Congress on many previous occasions, both by myself and by other representatives of our organization.

That is why I say it is a special pleasure to appear here today. On those other occasions nothing happened, no action was taken to eliminate the blight of discrimination in employment from American life. Congress talked, but did not act. The Nation talked, but did not act. Now we must stop talking. Now we must act. The atmosphere today is different.

Americans all over the United States have been awakened to the new urgency in the field of civil rights. The President has urged upon the Congress a new and vital civil rights program. And those in both the Senate and the House who stand for human rights have been given new strength to press for positive action.

I want to particularly commend the authors of the bills which are before you today, Senators Joseph Clark, Clifford Case, and Hubert Humphrey. These men have long been recognized for their stanch support of civil rights legislation and their efforts to secure equality of opportunity for all Americans. That we are here today is another tribute to their unceasing efforts.

Mr. Chairman, the AFL-CIO supports strong Federal action in all the areas President Kennedy outlined in his civil rights message of June 19. We believe that advances are long overdue in eliminating