HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON EDUCATION AND LABOR SEVENTY-FIFTH CONGRESS THIRD SESSION ON S. 3390 A BILL TO PROVIDE FOR GUARANTIES OF COLLECTIVE THEREOF, AND FOR OTHER MARCH 21, 22, 24, APRIL 4 AND 7, 1938 Printed for the use of the Committee on Education and Labor COLLECTIVE BARGAINING GUARANTIES MONDAY, MARCH 21, 1938 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE, ON EDUCATION AND LABOR, The committee met, pursuant to call, at 10 a. m., in room 318, Senate Office Building, Senator Elbert D. Thomas presiding. Present: Senators Thomas, Murray, Davis, and LaFollette. Also present: Senator Robert F. Wagner. Senator THOMAS. This is a hearing on Senate bill 3390, a bill to provide for guaranties of collective bargaining in contracts entered into, and in the grant or loan of funds by, the United States or any agency thereof, and for other purposes. The subcommittee appointed by the Chairman of the Education and Labor Committee, to conduct these hearings, is composed of Senators Thomas, Walsh, Murray, La Follettee, and Davis. Senator DAVIS. Mr. Chairman, I would suggest that you have the bill printed in full. Senator THOMAS. That will be done in the proceedings. (The bill S. 3390 is as follows:) [S. 3390 75th Cong. 3d Sess.] A BILL To provide for guaranties of collective bargaining in contracts entered into, and in the grant or loan of funds by, the United States or any agency thereof, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every contract to which the United States or any agency of the United States, or the District of Columbia, is a party for the manufacturing, processing, construction, or furnishing of materials, supplies, equipment, or articles of any kind, shall contain covenants by the contractor on behalf of himself, his subcontractors, and any other person who furnishes, manufactures, constructs, or processes any of the material, supplies, equipment, or articles under such contract, requiring that (a) They will comply with all certifications of representatives, orders, and decisions issued by the Board pursuant to the National Labor Relations Act (49 Stat. 449), in any proceeding before the Board under said Act to which such contractor, subcontractor, or other person has been or may be a party; and that (b) They will not engage in any unfair labor practice defined in section 8 of the National Labor Relations Act, and will comply with any certification of the representatives of their employees by the Board, regardless of whether such contractor, subcontractor, or other person is otherwise subject to the provisions of said Act. SEC. 2. Upon breach of any of the covenants set forth in section 1 hereof, the agency of the United States entering into such contract shall have the right to cancel the same and to make open market purchases or enter into other contracts for the completion of the original contract, charging any additional cost to the original contractor. Any sums of money due to the United States by reason of any breach of any of the covenants of said contract set forth in section 1 hereof may be withheld from any amounts due on any such contracts or may be recovered in suits brought in the name of the United States by the Attorney General. 1 |