might settle between now and the time they have given their ultimatum.

Mrs. WOLFGANG. No. One of the bones of contention incidents these women have is that it makes the job that much harder for them than it did for the men. There are no ladies toilets in the boxcars and they have to walk over a mile to get to a toilet.

Senator Cook. You don't think this is a bone of contention the railroad clerks, who represent all of their employees, ought to be discussing right now with management?

Mrs. WOLFGANG. What are they going to contend with management, that the women should continue to work the boxcars? They said they wanted to take and they made sure they could, what are they supposed to contend now?

Senator Cook. Then let me ask you a couple of others.

Mrs. WOLFGANG. Fine; I will be happy to.

Senator Cook. I have noted from the papers that there seems to be separate waiters and waitresses unions; is that correct?

Mrs. WOLFGANG. In some States there are.

Senator Cook. Let me ask you in regard to that. Can you tell me how this kind of system works, that is, the referral of jobs?

Mrs. WOLFGANG. Yes; I can tell you in cities where there is more than one local union there is however a joint council. The joint council is the contract holder and all agreements with employers and employees required under the terms of the contract where they have union shop provisions to call any office of the union for help replacements. We have no closed shop contracts. As you know, they are prohibited by the National Labor Relations Act.

Senator Cook. And the men aren't referred to some restaurants and women to other restaurants with a distinction that some restaurants only hire one and

Mrs. WOLFGANG. Are you talking about Detroit or are you talking about generally?

Senator Cook. I am talking about a union which you are vice president of and I just want

Mrs. WOLFGANG. I am vice president of the international union for the third district, that is Ohio, Michigan, and Indiana. In Michigan we have one local union. In cities where they have separate waiters and waitresses, as I explained to you, Senator, there is one joint council, which is the contract holder in the agreement and entered in between the joint council and the union. The employer makes his election on the union that he calls for help if it is a contract with the union shop provision.

In any of these States, by the way, if a waitress felt she was being discriminated against, she would have remedy under the fair employment practices laws of that State. You are talking about the recent incident in California. I was one of the first persons to raise my voice in protest at the White House refusing to have women working at the state dinner for the President of Mexico and as a result of that women did work there.

Senator Cook. Now, your union is a Restaurant Employees and Bartenders International Union. I have been told that the bartenders for instance are actively lobbying in several State legislatures and in city

councils to secure enactment of an ordinance prohibiting women from being bartenders. Do you think that is right?

Mrs. WOLFGANG. In 1952 a letter went out to all of the bartenders unions in the country, signed by the general president, instructing them they must admit in membership all female bartenders, barmaids. In the city of Detroit, contrary to the testimony that was given before the subcommittee, there are over a thousand women tending bars. Senator Cook. Now, let me ask, because on the top of page 12 you say that you all worked very hard for the Civil Rights Act of 1964, and for title VII. And for the next 12 pages you are very critical of title VII of the Civil Rights Act and I wonder whether you feel whether it should be repealed?

Mrs. WOLFGANG. I do not. What I said there, and I said it very carefully that was EEOC, in establishing some of their guidelines, have been arbitrary and, in my opinion went too far. The point I was making was that there is an area of seeking relief from there but there would not be such an opportunity in an equal rights amendment because that is not negotiable. That was the point I was making, Senator, and I am glad you asked me to make it again.

Senator Cook. I would like to put into the record because there is a great deal of discussion in the testimony about all of the various responsibilities that have been perfected in State legislatures in regard to the protection of women will be repealed and I think it is interesting to know the significant changes by State legislatures which have occurred since 1966, also by the opinions of attorneys general. For instance, the repeal of the hours law have already occurred in the State of Arizona, Delaware, Nebraska, New York, Oregon, and Vermont. Rulings of the attorneys general that State laws are superceded by title VII of the State fair employment laws have occurred in the District of Columbia, State of Michigan, Oklahoma, Pennsylvania, South Dakota, Washington, and Rhode Island.

Exemption from hour laws of those covered by the Fair Labor Standards Act or comparable standards, some include other conditions for the exemption, have been taken care of in States of California, Kansas, Maryland, North Carolina, Tennessee, and Virginia. No prosecutions now because of uncertainties of the effect of title VII in the States of Ohio and North Dakota. Exemption from hours law if the employee voluntarily agrees, in State of New Mexico, modifica. tion of weightlifting regulations, to apply to men and to omit specifically pound limits in the State of Georgia, and I would like to put that into the record and if I might because like the Senator from Massachusetts, I have to leave and be downtown at 12:30, I would like to put into the record all of the organizations that support the proposed equal rights amendment including a number of major labor unions throughout the country.

(The information referred to follows:)

SIGNIFICANT CHANGES BY STATE LEGISLATURES OR STATE ATTORNEYS GENERAL IN STATE PROTECTIVE LABOR LAWS SINCE 1966

Repealed hours laws:

Arizona

Delaware

Nebraska

New York (eff. 9/1/70)
Oregon
Vermont

Rulings by Attys. Genl. that State laws are superseded by Title VII or State Fair Employment Laws:

Exemptions from hours laws of those covered by Fair Labor Standards Act or comparable standards-some include other conditions for the exception:

North Dakota

No Prosecutions now because of uncertainty as to effects of Title VII:

Ohio

Exemption from hours law if employee voluntarily agrees:

New Mexico

Modification of weightlifting regulation to apply to men and to omit specific pound limit:

Georgia

NOTE.-Michigan also withdrew a weightlifting regulation when it was discovered there was no statutory authority.

[S.J. Res. 61, 91st Cong., first sess.]

JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATIVE TO EQUAL RIGHTS FOR MEN AND WOMEN Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"SECTION 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Congress and the several States shall have power, within their respective jurisdictions, to enforce this article by appropriate legislation.

"SEC. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States.

"SEC. 3. This amendment shall take effect one year after the date of ratification." SUPPORT OF THE PROPOSED EQUAL RIGHTS AMENDMENT TO THE UNITED STATES CONSTITUTION

"Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."

GOVERNMENTAL

Citizens Advisory Council on the Status of Women (Appointed by President Nixon Aug. 1969).

Task Force on Women's Rights and Responsibilities (Appointed by President Nixon Oct. 1969).

The United States Department of Labor-Statement of Support made by the Honorable James Day Hodgson, Secretary of Labor, on June 12, 1970. Women's Bureau of the United States Department of Labor.

Eighty-one Senators and 273 Members of the House have officially sponsored the proposed Equal Rights Amendment in the present Congress (91st). The Senate Subjudiciary on Constitutional Amendments reported this amendment favorably on July 28, 1970.

LABOR

American Newspaper Guild-Affiliate of the AFL-CIO.
International Brotherhood of Teamsters.

International Brotherhood of Painters and Allied Trades.
National Association of Railway Business Women.
United Automobile Workers (UAW).

LAY AND PROFESSIONAL (NATIONAL)

American Association of Women Ministers.

American Federaltion of Soroptimist Clubs.

American Federation of Teachers-Affiliate of the AFL-CIO.

American Medical Women's Association.

American Women's Society of Certified Public Accountants.

American Society of Women Accountants.

Americans for Democratic Action.

Association of American Women Dentists.

B'nai B'rith Women.

Ecumenical Task Force on Women and Religion (Catholic Caucus).
General Federation of Women's Clubs.

Iota Tad Tau Legal Sorority.

Ladies Auxiliary of Veterans of Foreign Wars.

Ladies of the Grand Army of the Republic.

League for American Working Women.

Liberation Movement of Women.

Mary Ball Washington Association of America.

National Association of Colored Women.

National Association of Women Deans and Counselors.

National Association of Women Lawyers.

National Council of Women Chiropractors.

National Education Association (NEA).

National Federation of Business and Professional Women's Clubs, Inc. National Federation of Republican Women.

National Grange.

National Organization for Women (NOW).

National Woman's Party.

Order of Women Legislators.

Osteopathic Women's National.

Secretarial-Alpha Iota Sorority.

St. Joan's International Alliance-U.S. Section.

The National Council of Women-Affiliated with International Council.
Unitarian Universalist Women's Federation.

Women Investors and Shareholders, Inc.

Women Theologians and the Coalition of American Nuns.

Women's Auxiliary to American Osteopathic Association.

Women's Auxiliary to the National Chiropractic Association.

Women's Christian Temperance Union.

Women's Circle, Woodmen of the World.

Women's Committee on Freedom in the Church-National Association of Lay

men.

Women's Equity Action League (WEAL).

Women's International League for Peace and Freedom (Founded by Jane Adams).

Women's Joint Legislative Committee for Equal Rights.

Support of the proposed amendment comes from many sources. The women supporting the proposed Equal Rights Amendment, especially through Democratic and Republican women's groups, comprise a very large part of the women of America.

Senator Cook. And I might say, Mr. Chairman, just as a matter of discussion that Mrs. Wolfgang testified before our committee_back in May, and there was one remark she said there and I would like to put it into the record. She said:

Representing service workers gives me a special concern over the threat that an equal rights amendment would present to minimum Labor Standards legislation. I am sure you are aware of the thrust of such legislation upon working conditions and I am sure you are aware that many such laws apply to women only. They are varied and they are in the field of minimum wages, hours of work, rest periods, weightlifting, childbirth legislation, et cetera. These State laws are outmoded and many of them are discriminatory.

Mrs. WOLFGANG. That is correct. I said that in today's testimony also, so we will have the record three times.

Senator ERVIN. Let the record show that the statement made by Senator Cook will be printed at this point in the record and let the record show the Senator from North Carolina will observe what the Senator from Kentucky said shows that the passage of a women's rights amendment is not necessary because all of those changes were due to the fact that the Congress enacted title VII of the Civil Rights Act of 1964. That title prohibited any job discriminaion against women; and, therefore, being a Federal law perfectly valid under the Interstate Commerce and Federal law takes supremacy over a State law, there is no necessity to pass a women's rights amendment. That is a perfectly constitutional act, based on the power of Congress to regulate interstate commerce. As the witness pointed out, if there is any deficiency in the field now in any industry effecting interstate commerce which employs 25 or more persons which covers practically every industry in the United States, it is due to a lack of proper guidelines on the part of the Commission, or lack of enforcement of the law. So if we have one constitutional provision in the Interstate Commerce clause, which does all of this, and the congressional legislation passed pursuant to it is not being enforced, we are not going to add very much by getting another provision in the Constitution.

Senator Cook. I might say that being the case, these hearings are totally and completely moot. We ought to pass this amendment because we are simply encouraging what they have done legislatively through the 14th and 15th amendment and there should be no objection on the part of the senior Senator from North Carolina.

Senator ERVIN. I would say this would destroy all of the laws, which the States and Federal Government have passed which make any distinctions at all between men and women.

Senator Cook. Thank you, Mrs. Wolfgang.

Senator ERVIN. On behalf of the committee, I want to thank you for your appearance here and the assistance you have given the committee on issues that are very complex.

Senator Cook. Is it the desire of the chairman to start with the next witness?

Senator ERVIN. I will leave that with the next witness, or we will come back.

STATEMENT OF PAUL A. FREUND, PROFESSOR OF LAW, HARVARD UNIVERSITY

Mr. FREUND. I think I can be relatively brief, if the committee would be prepared to remain for a little while, otherwise I will be perfectly content to submit my statement for the record.

Senator ERVIN. I will go ahead and proceed.