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SEC. 409. Any wage action taken by the Board with respect to submitted or referred to it under section 405 shall be consistent with st policies.

"SEC. 410. Such panels and subsidiary agencies of the Board as may necessary may be constituted under this Part, and in order to carry ou

on of wage stabilization; and

April 17, 1951, the National Advisory Board on Mobilization following recommendation to the President:

Wage Stabilization Board shall be reconstituted as an 18 man Board with six representing the public, six representing managesix representing labor.

"2. The reconstituted Wage Stabilization Board shall be empowered to assume jurisdiction of any labor dispute which is not resolved by collective bargaining or by the prior full use of conciliation and mediation facilities and which threatens an interruption of work affecting the national defense where: "(i) The parties to any such dispute jointly agree to submit such dispute to the Board, or

"(ii) The President is of the opinion that the dispute is of a character which substantially threatens the progress of national defense and certifies such dispute to the Board.

"3. In any such case certified to the Board by the President or in any such case where the parties jointly agree to submit the case to the Board for their recommendations, the Board shall investigate and inquire into the issues in dispute and promptly report to the President thereon with their recommendations to the parties as to fair and equitable terms of settlement. "4. In any such case where the parties jointly agree to be bound by the decision of the Board, the Board shall render a decision on the issues in dispute which decision shall be binding on the parties."

And whereas I deem it necessary and desirable that such recommendation be carried out,

Now, therefore, by virtue of the authority vested in me by the Constitution and statutes, including the Defense Production Act of 1950, and as President of the United States and Commander in Chief of the Armed Forces, it is hereby ordered as follows:

SECTION 1. Part IV of Executive Order 10161 of September 9, 1950, is hereby amended by revoking sections 403 and 404 thereof and by inserting after section 402 thereof the following new sections:

"SEC. 403. (a) There shall be in the Agency a Wage Stabilization Board (hereafter in this Part referred to as the Board) composed of eighteen members who shall be appointed by the President. Six of the members so appointed shall be representative of the public, six shall be representative of labor, and six shall be representative of business and industry. There shall be a chairman and a vice chairman of the Board, each of whom shall be designated by the President from among the members representative of the public.

"(b) In addition to the functions assigned to it by the provisions of the following sections of this Part IV, the Board shall perform such other functions with respect to wage stabilization as may be determined by the Administrator after consultation with the Board.

"SEC. 404. To the maximum extent consistent with the maintenance of effective economic stabilization, the provisions of this Part shall be administered in such a way as to preserve collective bargaining between labor and management.

"SEC. 405. The Board may assume jurisdiction of any labor dispute which is not resolved by collective bargaining or by the prior full use of conciliation and mediation facilities and which threatens an interruption of work affecting the national defense where:

"(a) The parties to any such dispute jointly agree to submit such dispute to the Board for recommendation or decision, if the Board agrees to accept such dispute, or

"(b) The President is of the opinion that the dispute is of a character which substantially threatens the progress of national defense and refers such dispute to the Board.

"SEC. 406. In any case referred to the Board by the President under section 405 the Board shall investigate and inquire into the issues in dispute and promptly report to the President thereon with its recommendations to the parties as to fair and equitable terms of settlement.

"SEC. 407. In any case where the parties jointly agree to submit the case to the Board for its recommendations under section 405, the Board shall investigate and inquire into the issues in dispute and shall advise the parties of its recommendations for fair and equitable terms of settlement.

"SEC. 408. In any case submitted or referred to the Board under section 405 where the parties jointly agree to be bound by the decision of the Board, the Board shall render a decision on the issues in dispute, which decision shall be binding on the parties.

"SEC. 409. Any wage action taken by the Board with respect to any case submitted or referred to it under section 405 shall be consistent with stabilization policies.

"SEC. 410. Such panels and subsidiary agencies of the Board as may be deemed necessary may be constituted under this Part, and in order to carry out its func

tions under this Executive Order, the Board may promulgate rules, regulations, orders, and directives."

SECTION 2. All orders, regulations, rules, certificates, directives, and other actions relating to any function affected by the amendment made by the provisions of section 1 of this Executive Order (including the appointments of members of the Board in office on the date thereof) shall remain in effect except as they are inconsistent herewith or are hereafter amended, revoked, or terminated under proper authority.

SECTION 3. Nothing in this Executive Order shall be deemed to supersede any provision of Executive Order No. 10193 of December 16, 1950.

SECTION 4. No action inconsistent with the provisions of the Fair Labor Standards Act of 1938, as amended, other Federal labor standards statutes, the Labor-Management Relations Act, 1947, or with other applicable laws shall be taken under this Executive Order.

THE WHITE HOUSE, April 21, 1951.

HARRY S. Truman.

Senator ROBERTSON. In 1901 Virginia adopted a new constitution and it included a suffrage clause sponsored by my predecessor Carter Glass. That suffrage clause provided that Confederate veterans would not have to register; but everybody else would have to register and pay a poll tax. We had a colored man who worked for my uncle Dr. Hillory Willis of Luray, who said, "Dr. Willis, you know I am something of a leader among the colored people in Luray and it is important for me to register and vote, but Doctor, I won't know how to register unless you tell me how."

He said, "John, that is a mighty difficult thing to do."

John said, "I know it, Doctor, but if you will just explain some of the questions that are going to be asked me, I think I could register." He said, "Well, John, I will ask you the first and easiest question: How do you circumvent the constitution?"

John said, "Doctor, is that the easiest question?"
The doctor said, "Oh, yes."

"Well, I want to tell you, Doctor, it is going to throw a lot of poor white folks, as well as all of us Negroes.'

Now, Mr. Feinsinger has told us how he circumvented titles V and VII to include the union shop under the heading of stabilizing wages.

I want to ask you, Mr. Putnam: You say when you saw all the facts you changed your mind about the size of the wage increase. Did you tell the President how to circumvent the Constitution on seizing the steel business?

Mr. PUTNAM. I did not. I was in some of the conferences where the matter was discussed. Senator, I am not a lawyer. I would not try to define that. I think that is the court's job and not mine.

Mr. FEINSINGER. Senator, you made a remark to the effect that I had told you how I had circumvented the Constitution. I am a lawyer and I think I should be permitted as a citizen to comment on that point.

Senator ROBERTSON. I think that is a fair request.

Senator DOUGLAS. Before he does, I would like to point out to my good friend from Virginia that if he will look on page 23 and read the heading of title V, that it does not say the settlement of wage disputes. It says the settlement of labor disputes and that in section 501:

It is the intent of Congress, in order to provide for effective price and wage stabilization pursuant to title IV of this act and to maintain uninterrupted production, that there be effective procedures for the settlement of labor disputes affecting national defense.

So the purpose was not merely price and wage stabilization, but also to maintain uninterrupted production. When you get into the human difficulties, the issues are not merely wage difficulties but there are also other difficulties and in order to maintain uninterrupted production, those subjects have to be considered as well.

The CHAIRMAN. Now let me ask you this, Mr. Feinsinger. Do you want to answer Senator Robertson's question later?

Mr. FEINSINGER. Yes.

Senator ROBERTSON. I want to say this very definitely, Mr. Chairman: After we had labored over this bill and were of the opinion that we were bringing out a bill that tied wages to prices, a debate arose on the floor as to whether we had done it or not. I believe it was Senator Bricker who offered an amendment to make that clear. That amendment was defeated but it was the consensus of the Congress at the time that our objective in controlling the economy of the country was to tie wages to prices.

Now we find an issue where they say the Wage Stabilization Board, after the President did not like the way the first one functioned and fired that one, and then appointed another one, appointed representatives of the consumer and the public, all six of whom voted with labor in the settlement, and brought out a wage increase that will be highly inflationary if granted and will make it very difficult if not impossible to control prices in the future if the pattern is followed. They added to it a union shop provision which Mr. Feinsinger has said was justified under authority of title V. That is the reason I made the comment to General Putnam that Mr. Feinsinger had explained how he had circumvented title VI and title VII in calling for a union shop, and therefore I asked about this bigger issue of seizing the steel mills.

Mr. FEINSINGER. Thank you, sir. I have respected your opinion and I hope you will respect mine.

The CHAIRMAN. Do you want to answer it now?

Mr. FEINSINGER. Right now.

Every member of my Board when he took his oath of office undertook to pass upon any issue in dispute in a case which the President certified to us upon the ground that it would affect the defense effort if it were not settled.

Everybody knew the history of that Executive order. Nobody claimed, and I did not intend to claim, Senator, and I misspoke if I did, that we were in title V. I did not want to say that.

Senator ROBERTSON. I understood you said you were not a statutory board.

Mr. FEINSINGER. That is correct.

'

Senator ROBERTSON. But I understand you cited title V for authority for what you did under the direction of the President. Mr. FEINSINGER. No. Let me clear that up if I may. The CHAIRMAN. Let Mr. Feinsinger finish because there are other Senators who have patiently waited to ask questions.

Mr. FEINSINGER. Let me clarify that if I may, sir. The President did not think the time was right to invoke a labor-management public conference which would result in an all-out, no strike-no lock-out pledge, and the submission of all disputes to a board like the War Labor Board, you see.