nection with the carriage of persons or property in intrastate, interstate, or foreign commerce within the United States, except movement of petroleum and gas by pipeline; and warehouses, piers, docks, wharves, loading and unloading equipment, and all other structures and facilities used in connection with the transshipment of persons and property between domestic carriers and carriers engaged in coastwise, intercoastal, and overseas transportation.

SECTION 902. (a) Except as otherwise provided in section 902 (c) of this Executive order, each officer or agency having functions under the Defense Production Act of 1950 delegated or assigned thereto by this Executive order may exercise and perform, with respect to such functions, the functions vested in the President by Title VII of the said Act.

(b) The functions which may be exercised and performed pursuant to the authority of section 902 (a) of this Executive order shall include, but not by way of limitation, (1) except as otherwise provided in section 701 (c) of this Executive order, and except as otherwise required by section 403 of the Defense Production Act of 1950, the power to redelegate functions, and to authorize the successive redelegation of functions, to agencies, officers, and employees of the Government, (2) the power to create an agency or agencies, under the jurisdiction of the officer concerned, to administer functions delegated by this Executive order, and (3) in respect of Parts I, II, IV, and V of this Executive order, the power of subpoena: Provided, That the subpoena power shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer referred to in section 902 (a) of this Executive order or by such other person or persons as he shall designate.

(c) There are excluded from the functions delegated by section 902 (a) of this Executive order (1) the functions delegated by Part VII of this Executive order, (2) the functions of the President under sections 703 (b) and 710 (a) of the Defense Producton Act of 1950, (3) the functions of the President with respect to regulations under sections 710 (b), 710 (c), and 710 (d) of the said Act, and (4) the functions of the President with respect to fixing compensation under section 703 (a) of the said Act.

(d) The functions conferred upon the President by section 710 (a) of the Defense Production Act of 1950 are hereby delegated as follows:

(1) Each officer or agency having functions under the said Act delegated or assigned to such officer or agency by this Executive order shall submit to the Chairman of the United States Civil Service Commission such requests for classification of positions in grades 16, 17, and 18 of the General Schedule as may be necessary, and shall accompany any such request with a certificate stating that the duties of the position are essential and appropriate for the administration of the said Act.

(2) Each requested position shall be placed in the appropriate grade of the General Schedule in accordance with the standards and procedures of the Classification Act of 1949. No person shall be employed in a position of grade 16, 17, or 18 under authority of section 710 (a) of the Defense Production Act of 1950 except pursuant to notice of the Chairman of the United States Civil Service Commission of the classification of the position.

SECTION 903. All agencies of the Government (including departments, establishments, and corporations) shall furnish to each officer to whom functions are delegated or assigned by this Executive order such information related to defense production or procurement, or otherwise relating to the functions delegated or assigned to such officer by this Executive order, as he may deem necessary.

SECTION 904. Each delegate referred to in section 101 of this Executive order shall, when and if he shall deem it necessary and appropriate, appoint a committee composed of representatives of such agencies of the Government as he may determine. Any committee so appointed shall advise and consult with the delegate concerned, as he may request, in connection with the carrying out of the functions delegated to him by sections 101, 201, and 302 of this Executive order, and shall advise the delegate concerned regarding requirements of materials and facilities. HARRY S. TRUMAN.

THE WHITE HOUSE, September 9, 1950.

EXECUTIVE ORDER NO. 10233

AMENDING EXECUTIVE ORDER No. 10161 WITH RESPECT TO WAGE STABILIZATION AND SETTLEMENT OF LABOR DISPUTES

WHEREAS the maintenance of wage stabilization under the Defense Production Act of 1950 is essential at this time in the interest of the national defense; and

WHEREAS the maintenance of effective wage stabilization imposes limitations on the processes of free collective bargaining, making necessary the development of machinery to facilitate the settlement of labor disputes in conjunction with the administration of wage stabilization; and

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

"1. The Wage Stabilization Board shall be reconstituted as an 18 man tripartite Board with six representing the public, six representing management, and six 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 No. 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 functions 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 hereof) 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.

Hon. NATHAN P. FEINSINGER,
Chairman, Wage Stabilization Board,

HARRY S. TRUMAN.

THE WHITE HOUSE, Washington, December 22, 1951.

Washington, D. C.

DEAR MR. FEINSINGER: On the basis of the information and advice submitted to me by the Office of Defense Mobilization and the Federal Mediation and Conciliation Service, I am of the opinion that the labor disputes between the United Steelworkers of America, CIO, and various companies in the steel industry are of a character which substantially threaten the progress of national defense. Thus, in accordance with the terms of Executive Order 10233, I am referring the disputes to the Wage Stabilization Board and asking that the Board investigate and inquire into the issues in dispute and promptly report to me with its recommendations to the parties as to fair and equitable terms of settlement.

The report of the Federal Mediation and Conciliation Service indicates that the union and the leading steel producers have made no progress in resolving their differences. It appears entirely unlikely, on the basis of practical experience, that the present stalemate could be broken by further bargaining or mediation and conciliation in time to avoid early and serious production losses in this vital industry. Because of the historical processes of negotiation in the steel industry, this observation applies also to companies other than leading steel producers.

The United Steelworkers of America, CIO, has contracts throughout the entire steel industry-with ore-mining companies, producers of steel, and with steel fabricators. I am sending under separate cover a list of the ore-mining companies and steel-producing companies whose contracts with the union expire beginning December 31, 1951. The work stoppage which is threatened by these expirations, without new agreements, would paralyze the entire steel industry. Key agreements in basic steel cutomarily pave the way for agreements throughout the rest of the industry. I am therefore suggesting that the Board, in its proceedings, direct its attention in the first instance to the disputes involving the

following companies along with any others which in the judgment of the Board should be added:

Armco Steel Corp.

Bethlehem Steel Corp.

Inland Steel Corp.

Jones & Laughlin Steel Corp.

Great Lakes Steel Corp.

Republic Steel Corp.

Sharon Steel Corp.

United States Steel Corp.

Wheeling Steel Corp.

Youngstown Sheet & Tube Co.

Any curtailment of operations in the steel industry will have an immediate and serious impact on the defense program. The Director of the Office of Defense Mobilization has advised me on the extent to which the mobilization program would be affected by an interruption of steel production. The entire steel industry is straining to meet pressing demands for steel and hence a stoppage would cost us vitally needed steel-steel for weapons, for new factories, for highways, schools, hospitals, and for a variety of products supporting the civilian economy as well as the defense effort.

In these perilous times, the parties to disputes in the steel industry owe it to the American people to cooperate with their Government in maintaining normal work and production schedules while this matter is before the Board.

Very sincerely yours,

STATEMENT BY THE PRESIDENT

HARRY S. TRUMAN.

I have today referred to the Wage Stabilization Board the labor dispute between the United Steel Workers of America, CIO, and various companies in the steel industry. This dispute has now arrived at a stage where it gravely threatens the progress of national defense.

According to the report of the Director of the Federal Mediation and Conciliation Service, the union presented a list of 22 proposals covering both economic and noneconomic matters. No counterproposals were made by the leading companies on any of the economic items. The companies asserted that any wage increases in the steel industry would necessarily require an equivalent increase in steel prices. The union declined to modify its position on any of the major issues in the absence of counterproposals from the companies.

Negotiations between the union and the steel companies are at an impasse, and there appears to be no hope of settlement through mediation. Unless some means is found for breaking this impasse, a shutdown of the steel industry at the end of this month is in prospect.

It is of the utmost importance to prevent an interruption in the production of steel. Steel is a key material in our entire defense effort. Each day of steel production lost is a day lost forever in the achievement of our production schedules. Continuous production of this industry is essential in order to meet urgent demands for steel-steel for weapons, for factories, for highways and hospitals and schools.

It is for this reason that I have certified this matter to the Wage Stabilization Board. This will provide the parties with a forum where their differences may be resolved, and a fair settlement reached, without resort to a costly shutdown. Steel is of such basic importance to the defense effort, and wages and prices in the steel industry have such a profound effect throughout our economy, that the public has a very vital interest in the outcome of this dispute. In order to have a proper understanding of what is involved, there are certain essential facts that should be kept clearly in mind.

Over the past 18 months, we have developed an anti-inflation program as an integral part of our mobilization effort. In this program, we have established machinery for the equitable handling of such situations as that which now confronts us. We have the Wage Stabilization Board to consider the question of what wage increases should be allowed the steelworkers and how the other issues in dispute between the parties should be settled. We have the Office of Price Stabilization to consider whether or not the steel companies are entitled to a price increase on account of any wage increase or other cost increases which might result from the settlement of the dispute.

The Wage Stabilization Board is made up of representatives of labor, management, and the public. This Board will give both sides an opportunity to present the facts and arguments they think the Board should consider. Then the Board will consider the case, trying to find the best solution from the standpoint of labor, industry, and the public-balancing the equities and the interest of all three. The Board will consider the case promptly on its merits and make recommendations for a fair settlement, consistent with sound stabilization policies. No one is in a position as yet to say how much of an increase in wages or other benefits would be permissible under wage stabilization policies. The Wage Stabilization Board is the only body qualified to make such a determination, and the matter has not been before the Board. The "dope stories" that have been appearing in the press stating the amount of the wage increases that could be allowed without "piercing existing ceilings" have no official basis and are not to be relied upon.

We must wait for the Wage Stabilization Board's report before any sound judgment is possible as to what wage increases are proper in this case.

After the decision is reached as to wages, the Office of Price Stabilization will be responsible for determining whether or not any wage increase justifies a price increase. The law and regulations assure that the steel companies will get price increases if they are entitled to them. No other advance assurances are necessary. Thus, the machinery we have provides a reasonable and practicable method for doing justice to the parties, for preventing an inflationary price-wage spiral, and for meeting the overriding necessity for keeping steel production going. This machinery should be given an opportunity to meet the present crisis. The national interest demands it.

This means that the steel companies and the steel workers must continue production in the industry while the matter is before the Board, and cooperate fully with the Board's proceedings.

The immediate obligation on the steel companies is to maintain normal work and production schedules, and to be prepared to lay the full facts in the case before the Board.

The immediate obligations on the steel workers is to decide to remain at work while the Board considers the case. This is a decision that should be made before a strike begins-not afterward. The United Steel workers of America is a responsible union. Its members are good citizens. Its leaders are distinguished Americans.

The union members and their leaders, and the managers of the steel companies, have a responsibility to defend the United States against its enemies just as I do. In my judgment, they will not be living up to that responsibility by permitting a needless stoppage in steel production for even a single day.

Hon. NATHAN P. FEINSINGER,

THE WHITE HOUSE, Washington, December 24, 1951.

Chairman, Wage Stabilization Board, Washington, D. C.

DEAR MR. CHAIRMAN: By direction of the President, I am sending you the list of companies referred to in the President's letter of December 22.

Very sincerely yours,

WILLIAM J. HOPKINS, Executive Clerk.