on his behalf or the training agency or anyone acting in its behalf to eliminate such restrictive hiring or training practice. c. In some instances it may be possible to have the discriminatory specifications eliminated at the time of order-taking. In other cases it may be necessary for the appropriate representative of the United States Employment Service to negotiate with the official of the company, or anyone acting on its behalf, or the training agency which established the policy. Frequently this will not be the individual who initially placed the order with the local office. The employer, or anyone acting on his behalf, or the agency should be fully informed concerning the local labor market situation. The qualifications of local persons excluded by discriminatory specifications should be brought to their attention. The policy of the Federal Government as expressed in the President's Executive Order 9346 and the aggravation of community problems such as housing, transportation, and sanitation which would result from importation of labor might be cited to influence the decision. d. Occupationally qualified workers, shall be referred to a job or training opening without discrimination because of race, creed, color, national origin or lack of citizenship and without regard to discriminatory specification. e. No order which limits or precludes the employment of occupationally qualified workers because of their race, creed, color, national origin or lack of citizenship shall be placed in clearance for recruitment outside the local employment office area. f. When an employer, or anyone acting on his behalf, or a training agency fails to eliminate discriminatory specifications, or, when no discriminatory specifications are included in the order, but where there is evidence that the employer, or anyone acting on his behalf, or the training agency has discriminated on the basis of race, color, creed, national origin, or lack of citizenship in accepting occupationally qualified persons referred by the United States Employment Service, an immediate report shall be made on Form USES 510. The report shall be prepared and submitted within three days after the effort to obtain elimination of discriminatory practices has been made, and in no case later than ten days after receipt of the order. An g. A separate report will be prepared for each case of discrimination. original and six copies of this report shall be prepared and distributed as follows: the original to the employer; one copy to the local office files; one copy to the Area Director of the War Manpower Commission if the area has been established; one copy to the State Director; and three copies to the Regional Director of the War Manpower Commission. 2. The Regional Director of the War Manpower Commission shall immediately transmit two copies of the Form USES 510 to the Regional Office of the Committee on Fair Employment Practice. The Regional Director of the War Manpower Commission shall then take specific action to obtain elimination of discriminatory practices through the operations of the area, state, and regional organizations, including the Management-Labor Policy Committees, and shall submit a full report to the appropriate Regional Director of the Committee on Fair Employment Practice on each case. In instances where satisfactory adjustments cannot be completed within ten days after receipt of the USES 510 report by the Regional Director of the War Manpower Commission, he shall indicate to the Regional Director of the Committee on Fair Employment Practice the period in which he believes such adjustment can be made and arrange with the Regional Office of the Committee for additional time to make such adjustment. If no request for additional time is made, or if the request for additional time is denied, the case shall automatically come under the jurisdiction of the Committee ten days after it has been referred to the Regional Office of the War Manpower Commission. B. Action To Be Taken on Complaints or Evidences of Discrimination Arising in Vocational Training for War Production Workers. 1. The Regional Office of the War Manpower Commission may receive reports of discrimination on the part of training agencies from sources other than the `local employment offices. It shall immediately investigate all reports of discrimination and take steps to have the discriminatory features eliminated. 2. Where separate training facilities for white persons and Negroes are required by state law, the Regional Office of the War Manpower Commission shall take the following action: a. Review state plans and examine local and state programs to determine whether discrimination as defined in item B of Section II above is permitted or exists. b. If a state plan does permit such discrimination, or if discrimination exists in the program, prepare a report on Form 42, and take steps to have the discriminatory features eliminated. 3. A separate report for each instance of discrimination described above which affects an individual or group shall be prepared in the Regional Office of the War Manpower Commission on Form 42. Form 42 shall be prepared in five copies, to be distributed as follows: one copy to the files of the Regional Chief of Training; one copy to the State Director; and three copies to the Regional Director of the War Manpower Commission. 4. After a report on Form 42 indicating that an agency training program contains discriminatory features has been filed with the Regional Director of the War Manpower Commission, no like courses in the community affected shall be approved until the Regional Director confirms that adequate training facilities for Negroes have been established. 5. The Regional Director of the War Manpower Commission shall follow the same procedures in processing and in transmitting copies of Form 42 to the Regional Office of the Committee on Fair Employment Practice as were specified under item A 2 in this section for Form USES 510. C. Action To Be Taken on Complaints or Evidences of Discrimination Originating from Sources Other Than ÛSES Offices of the MWC Training Program. 1. If an employee of the War Manpower Commission encounters discrimination or evidences of discrimination by an employer in connection with any WMC utilization program, the Regional Office of the War Manpower Commission shall initially investigate the situation and thereafter act in conformity to the procedures set forth in IV A and B. at 2. If a complaint is received from the general public charging discrimination by an employer with whom the War Manpower Commission is not negotiating or conducting any training or utilization program, the complaint shall be referred once to the Regional Director of Fair Employment Practice Committee. If such a program is being conducted or negotiated, the Regional Director of the War Manpower Commission shall proceed in accordance with Section D 2 of the attached Operating Agreement. D. Action To Be Taken When Complaints or Evidences of Discrimination Are Received from the Committee on Fair Employment Practice. 1. Whenever required by Section D 2 of the attached Operating Agreement between the Committee and the Commission, initial contact with the employer or labor union will be made through the Regional Office of the War Manpower Commission after a request for action has been made by the Regional Director of the Committee on Fair Employment Practice. 2. Upon receipt of such a request for specific action, the Regional Director of the War Manpower Commission shall establish a record of the case and refer it to the proper operating official for action. The Regional Director shall, through appropriate staff officers, keep abreast of the developments in the case and shall, when necessary, inform the Regional Director of the Committee on Fair Employment Practice of difficulties encountered in obtaining elimination of the discriminatory practice. Within ten days after receipt of such a request for specific action, the Regional Director of the War Manpower Commission shall submit a report of the action taken to the Regional Director of the Committee. If the facts warrant, the Regional Director may request additional time to secure a satisfactory adjustment of the case. If no request for additional time is made or if the request for additional time is denied, the case shall automatically revert to the Committee ten days after it has been referred to the Regional Office of the War Manpower Commission. 3. When a case has reverted to the Committee, the Regional Office of the War Manpower Commission shall offer every possible assistance to the Committee in its efforts to secure an adjustment. V. ACTION TO BE TAKEN BY EMPLOYEES OF THE WAR MANPOWER COMMISSION A. Employees of the War Manpower Commission shall: 1. Make a positive effort to obtain the elimination of discriminatory specifications and discrimination, and report all instances of discriminatory specifications which they have not been able to eliminate. 2. Refer a qualified worker to a job or training opening without discrimination because of his race, creed, color, national origin, or lack of citizenship and without regard to any discriminatory specifications. (Where separate training facilities 60811-44-vol. 1-10 for white and Negro applicants are provided, the filling of requisitions for separate classes of trainees shall not be considered discriminatory.) 3. Classify properly occupationally qualified applicants without discrimination because of race, color, creed, national origin or lack of citizenship. 4. Adhere to and enforce all of the policies and procedures in this instruction. Approved: Effective date: September 3, 1943. J. H. BOND, Acting Executive Director. Original filed in office of Chief, Administrative Service. WAR MANPOWER COMMISSION Washington 25, D. C. To: All Regional Manpower Directors. WMC Field Instruction No. 3 Subject: Revisions in Part II of USES Manual-Sections on Orders Containing Discriminatory Specifications. Attached are revised pages to be inserted in Part II of the United States Employment Service Manual. The pages are indicated by the following section Sections which have been revised are indicated by an asterisk following the code. These sections have been revised to conform with the policy stated in Operating Instructions Field No. 21 on the handling by local officers of orders containing discriminatory specifications concerning race, color, creed, national origin, or citizenship. The instructions contained in these Manual pages should be issued to all local offices without change in meaning unless a State law concerning discrimination in employment requires changes in, or additions to, these instructions. Please advise Headquarters of the nature of any changes or additions made, and the reasons for them. Each Regional Director should requisition from Headquarters sufficient copies of these revised sections of the Manual to meet the needs of his Region. Initiated by: A. L. WICKERSON, Director, Bureau of Placement. J. H. BOND, Deputy Executive Director. UNITED STATES EMPLOYMENT SERVICE MANUAL UNUSUAL ORDER TAKING SITUATIONS 3240 Substandard Orders: (See section 3062, Placement Policy.) When the interviewer receives an order offering wages, hours, or working conditions clearly below the standard in the community for that type of work, the interviewer shall accept the order but shall inform the employer of the fact that it is substandard by tactfully indicating where the order falls below the community standards. If the employer refuses to change the order the interviewer shall inform him that there is very little chance of filling it. If further discussion with the employer fails to alter the order, it shall be marked "Substandard" across the face of the order form. The interviewer may mention this opening to an applicant who happens to be in the office and who might be interested in the job. However, the interviewer shall not seek applicants for substandard jobs or urge applicants to take substandard jobs, shall not call in any applicants, or take any other of the normal actions of preliminary selection. If an order is thought to be substandard, the If interviewer shall make a determination by reference to any records of community standards on wages, hours, and working conditions maintained by the office. the office does not maintain such records the interviewer shall refer to previous orders for similar jobs, and apply his knowledge of community standards, in determining whether the order is substandard. If he is not sufficiently wellinformed on the standards in the community to make this determination, he shall refer the order to the appropriate supervisor or manager for a decision. Decisions made by intervewers shall be reviewed by the placement supervisor or the office manager to insure that uniform decisions are being made. Immediately after accepting it, the interviewer may cancel and route to the placement supervisor or manager any substandard order. The reason for cancellation must be indicated under "Closing Summary" on the order card. 3241 Orders Predesignating the Applicants to be Referred: When an employer requests that certain workers be referred to him on any basis except occupational specifications (for example, when he gives the names of certain individuals he wants referred, or when he specifies these workers by type, such as all former employees), the interviewer shall tactfully inform the employer that this order cannot be accepted. The employer shall be informed that the "call-back" service formerly provided by the Employment Service has been eliminated because of the demands of the war program. The employer shall, however, be given the address of the former employee if he requests it and it is available in the local office records. When the order is placed as a test of an unemployment compensation claimant's availability for work, the interviewer shall suggest that the employer offer the work directly to the claimant, notifying the local office of the results. 3242 Orders With Union Membership Requirements: When an employer lists an order in which membership in a labor organization is one requirement for hiring or employment, the interviewer shall determine whether an understanding exists between the Employment Service and the designated labor organization concerning the referral of the requested workers. If the interviewer does not know of such an understanding, he shall request the appropriate supervisor or manager to obtain this information. If the interviewer knows that no such understanding exists, he (or the placement supervisor or manager) shall inform the representative of the labor organization of the receipt of the order. Subsequent actions shall depend upon arrangements effected with the labor organization, as detailed in section 4000 of this manual. When an order is received from a labor organization requesting the referral of workers through the labor organization to an employer, the interviewer shall determine that an understanding exists for such referral, as detailed in section 4000. If no such understanding exists, the interviewer shall refer the order to the supervisor or manager to obtain an understanding with the labor organization and the employer before further actions are taken on the order. When an understanding does exist between the Employment Service, the labor organization, and the employer, the order shall be taken in accordance with this understanding and placement actions shall be taken accordingly. However, when the labor organization is placing the order, the interviewer shall inquire whether the labor organization has specific openings corresponding to the openings on the order, and the order shall be accepted and acted upon only when such specific job openings exist. 3243 Orders With Nonunion Specifications: An order which specifies that applicants referred shall not be union members shall not be accepted. The interviewer should explain to the employer that acceptance of such orders is against the policy of the United States Employment Service. 3244 Orders in Which Openings Are Vacant Because of a Labor Dispute: It is the policy of the United States Employment Service not to refer, except when directed to do so by the War Manpower Commission, any persons to any positions left vacant by reason of a labor dispute at any place of employment by a person belonging to a grade or class of workers participating in, or directly interested in, such labor dispute at such place of employment. The War Manpower Commission, however, will direct local employment offices to make referrals to such vacancies in specific situations if it determines that (1) in a designated establishment, facility or portion thereof, work which contributes to the effective prosecution of the war has been interrupted by such labor dispute and (2) referrals by public employment offices to positions left vacant by reason of such dispute are not inconsistent with the policies and purposes of Executive Order 9017, of January 12, 1942, creating the National War Labor Board and prescribing procedures for the peaceful adjustment and settlement of labor disputes. For the purpose of this section, the term "labor dispute" shall include any controversy concerning terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment regardless of whether or not the disputants stand in the proximate relation of employer and employee. In carrying out the policy stated in the preceding paragraph, the Employment Service shall under no circumstances make any referral which will aid, directly or indirectly, in filling any vacancy existing or created by reason of a labor dispute, except following specific direction by the War Manpower Commission to do so as required by the war program. In carrying out this policy, arrangements should be made so that local offices will receive prompt notification of all labor disputes. Such information may be received from the State agency which receives notice of labor disputes, and from local and higher bodies of labor organizations. All such notices should be in writing and should set forth the details of the dispute. If information is received from any other source as to the existence of any labor dispute, the State Director and the local office managers shall immediately verify the existence of such labor dispute by contact with the parties involved. If an order is received for positions which, according to written notice received by the local office, are vacant because of a labor dispute, the interviewer shall inform the employer that no referrals can be made unless the War Manpower Commission, after investigation, directs the local office to fill such vacancies. A memorandum, signed by the local office manager, giving details of the request to make referrals to the positions vacant because of a labor dispute, shall be forwarded, via the State and regional offices, to the Director of Operations, War Manpower Commission, Washington, D. C. A notation shall be made on the order showing the date on which the memorandum was sent, and the order shall be filed in the pending section of the interviewer's desk file. If the War Manpower Commission directs that referrals be made the interviewer shall check with the employer to ascertain the status of the openings. If the openings still exist, the order shall be acted upon in the same manner as other orders. Any applicants referred to the job shall be required to sign Form USES503, as explained in Section 3424. If the War Manpower Commission directs that referrals shall not be made, the order shall be cancelled, and the date and reason for cancellation entered on the reverse of the order form. The interviewer shall inform the employer of the reason for cancellation. Referrals may be made if the Employment Service receives notice from both of the parties involved that the dispute no longer exists, or if there is evidence permitting the Employment Service to make an independent determination that the labor dispute no longer exists. 3245 Orders Which Are in Violation of Law: An order in which the employment, the nature of the services, or any of the employer's specifications are contrary to Federal, State, or local laws shall not be accepted. When the interviewer receives such an order, he shall explain to the employer wherein the order is contrary to law, and inform him that it cannot be accepted. If the employer modifies the order so that it meets all legal requirements (for example, if he raises the wages to meet the requirements of a State minimum wage law), the order shall be accepted. If the order is not modified so that it meets all legal requirements, the order form shall be voided, if entries have been made on it. 3246* Orders Which Contain Discriminatory Specifications Concerning Race, Creed, Color, National Origin, or Citizenship: For the purpose of this section, an "employer" shall be interpreted to include a union or anyone else who acts as the recruiting agent for an employer and from whom employer orders are received by the local employment office. When there are separate United States Employment Service Office facilities provided for persons solely because of their race, administrative procedures shall be adopted to insure the simultaneous receipt of orders by placement personnel in the office serving white applicants and in the office serving colored applicants. When an employer or training agency includes specifications concerning race, color, creed, national origin, or citizenship in an order, the interviewer shall record those specifications, except in States which have laws forbidding such discrimination in employment. If an order is in violation of a State law, it shall not be accepted. (See section 3245 for handling of orders which contain provisions contrary to law.) When the local office receives an order containing such discriminatory specifications, an attempt shall be made to persuade the employer or agency to eliminate |