Labor Extension Bill (1948)Author(s): Wayne MorseSource: Industrial and Labor Relations Review, Vol. 1, No. 4 (Jul., 1948), pp. 657-663Published by: Cornell University, School of Industrial & Labor RelationsStable URL: http://www.jstor.org/stable/2518474 .

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DOCUMENT

Labor Extension Bill (1948)

Introduction

Let me give, first, a word of commendation for the faithfulness of those leaders in the fields of labor and education who visited me from time to time, and with whom I shared this problem and developed the nucleus of its solu- tion. It was only after repeated consultations and careful study that I, for myself and Senator Elbert D. Thomas, introduced S. 1390, to be known as the Labor Extension Act.

It must be recognized that in this new era of labor relations, the worker, through sound learning, must come to understand the forces affecting his economy, his rights, duties, and human relationships.

Those who have seen the agricultural extension program at work will attest to the value of such a broadening horizon. They know the relative stature of the informed and the uninformed individual in pursuing his occupation.

A five-day hearing was devoted to S. 1390 in February 1948 by the Subcom- mittee on Education of the Senate Committee on Labor and Public Welfare. Senator Aiken, who presided over the hearings, stated: "For five days we haven't listened to a single nonconstructive statement, so far as I know." This was a splendid certification of the witnesses' careful approach to the subject.

The Subcommittee on Education is presently considering S. 1390 in execu- tive session. It is likely that the Subcommittee will report the bill favorably to the full Committee and that the full Committee will favorably report it to the Senate.

I have been requested to comment herein on the status of similar legislation in the House. A subcommittee of the House Committee on Education and Labor concluded hearings on Mr. Tollefson's and Mr. Madden's bills recently. At the time of this writing [May 28, 1948] no further action had been sched- uled in the House.

WAYNE MORSE*

* United States Senator from Oregon.

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658 INDUSTRIAL AND LABOR RELATIONS REVIEW

80TH CONGRESS S. 1390 2D SESSION

IN THE SENATE OF THE UNITED STATES FEBRUARY 24 (legislative day, February 2), 1948

Referred to the Committee on Labor and Public Welfare and ordered to be printed

AMENDMENT (IN THE NATURE OF A SUBSTITUTE)

Intended to be proposed by Mr. MORSE (for himself and Mr. THOMAS of Utah) to the bill (S. 1390) to broaden the cooperative extension system as estab- lished in the Act of May 8, 1914, and Acts supplemental thereto, by providing for cooperative extension work between colleges receiving the benefits of this Act and the Acts of July 2, 1862, and August 30, 1890, and other qualified colleges, universities, and research agencies, and the United States Department of Labor, viz: Strike out all after the enacting clause and insert in lieu thereof the following:

That in order to broaden and further develop the cooperative extension system as established by the Act of May 8, 1914, and Acts supplemental thereto, and to aid in diffusing useful and practical information among the wage earners of the United States and increase the resources and facilities available to them there shall be established, in cooperation with colleges receiving the benefits of the Acts of July 2, 1862, August 30, 1890, and the afore-mentioned Act and other colleges, universities, and research agencies as designated in the several States, a Labor Extension Service in the Department of Labor, administered by the Secretary of Labor.

It is declared to be the policy of the Congress that the purpose of this pro- gram shall be to enable the Secretary of Labor, in accordance with his duty to promote the welfare of wage earners, through a program for the dissemina- tion of useful knowledge to provide a means by which the Nation may conserve the creative capacities of workers who, together with farmers, comprise the Nation's basic productive asset.

SEC. 2. (a) There shall be established in the Department of Labor a Labor Extension Service. The program of the Labor Extension Service shall include the following:

(1) Promotion of the welfare of wage earners and thereby the industries of which they are a part by developing and making available information useful to wage earners and their bona fide labor organizations in presenting

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DOCUMENT 659

factually and effectively their contribution to production as a basis for com- pensation and by making available information on practices in writing col- lective-bargaining agreements and in carrying out collective-bargaining activities and practices;

(2) Making available information and research facilities concerning prin- ciples and techniques in labor and management relations appropriate to assure both full and continuous employment and production in a free enterprise economy;

(3) Making available information concerning living and working condi- tions;

(4) Making available information on labor law and legislation and its administration;

(5) Promoting through dissemination of knowledge constructive relations between workers and management which will contribute to the advancement of the public interest and of the national welfare and security;

(6) Making available information on the history of trade unions, their responsibilities in promoting the understanding and appreciation of demo- cratic processes, and their relationship to the development of democracy in the United States.

(b) The Labor Extension Service shall utilize appropriate facilities within the States in carrying out the purposes of this Act in accordance with State plans approved by the Secretary of Labor after consultation with the National Labor Extension Council, provided for in section 4 of this Act.

SEC. 3. (a) There is hereby created within the Department of Labor a Labor Extension Division which shall administer the Labor Extension Service in accordance with the provisions of this Act under the direction and supervision of the Secretary of Labor. The Division shall be headed by a director to be known as the Director of the Labor Extension Division, who shall be appointed by the President with the advice and consent of the Senate and shall receive a compensation at the rate of $10,000 a year. The Director may, subject to the civil-service laws, appoint such employees as he deems necessary to carry out his functions and duties under this Act and shall fix their compensation in accordance with the Classification Act of 1923, as amended. The Director may utilize such regional, local, or other agencies, and such voluntary and uncompensated services, as may from time to time be needed. The Director shall have authority, with the approval of the Secretary of Labor, to issue such rules and regulations as are necessary to carry out the purposes of this Act.

(b) The Secretary of Labor shall formulate general policies for the adminis- tration of this Act after consultation with the Director. The Secretary shall consult the National Labor Extension Council, hereinafter provided for, prior to the approval of general policies and rules and regulations governing the administration of this Act.

SEC. 4. (a) There is hereby established a National Labor Extension Council (hereinafter referred to as the "Council") to advise the Secretary of Labor and

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660 INDUSTRIAL AND LABOR RELATIONS REVIEW

the Director in formulating general policies governing the administration of the provisions of this Act.

(b) The Council shall consist of fifteen members chosen by the Secretary of Labor, of whom a majority shall be chosen from a panel submitted by bona fide labor organizations national in scope. The remaining membership of the Council shall include representatives of cooperating institutions desig- nated as such by the States, of research agencies operating in the field of social science, and of workers' education organizations, and one person principally engaged in the field of adult education. For purposes of initial appointments to the Council pursuant to this section, cooperating institutions shall include institutions planning labor extension services. Five members shall be appointed for a term of one year, five members for a term of two years, and five members for a term of three years; and thereafter each appointment shall be for a term of three years. The Council shall meet at the request of the Secretary of Labor, but in any case not less frequently than twice each year, and whenever at least one-third of the members request a meeting. The members of the Council shall receive compensation while attending meetings and performing work of the Council at such rate, not exceeding $25 a day, as may be fixed by the Secretary of Labor, and shall receive necessary travel and other expenses in- curred in connection with the work of the Council. Such compensation and expenses shall be paid in accordance with regulations prescribed by the Secre- tary of Labor.

The Secretary of Labor shall provide such data and information, clerical assistance, and other services and facilities as may be necessary for the Council.

SEC. 5. In order for any State to qualify for funds appropriated under this Act the Governor of such State, after receiving requests for services from bona fide labor organizations State-wide in scope, shall appoint a State labor exten- sion board (hereinafter referred to as the "State board") of at least nine and not more than fifteen persons, of whom a majority shall be chosen from a panel submitted by bona fide labor organizations State-wide in scope. The remaining members shall include the head of the State agency charged with the primary responsibility in labor matters, one or more representatives of cooperating institutions participating in the program, one person principally engaged in the field of adult education, and, where feasible, a person repre- senting organizations in the field of workers' education.

SEC. 6. (a) A plan for participating in the program authorized by this Act shall be approved and submitted by a State board and must, when submitted-

(1) summarize the services requested in line with the purposes of this Act, including evidence of the requests from bona fide labor organizations which have formed committees for the purpose of requesting such services of cooperating institutions;

(2) provide that institutions within the State may apply to the State board for allocation of funds and designation by the State board as cooperating institutions under this Act;

(3) contain a general statement of the purposes, procedures, and methods

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DOCUMENT 661

to guide institutions using the funds granted under the authority of this Act; (4) provide that these cooperating institutions shall establish conveniently

located labor extension centers; (5) furnish evidence that funds to be disbursed for services under this Act

will be expended for labor extension services for wage earners without discrimi- nation because of race, creed, color, sex, or national origin;

(6) provide that at least 25 per centum of each allotment of Federal funds under this Act shall be matched by any or all of the following ways: State appropriation, college or university appropriation, contributions, fees, or grants in kind by individuals or groups or educational or research institutions benefiting or interested in the program;

(7) contain a complete budget in such detail as may be required by the Secretary of Labor covering the entire period for which funds are being sought;

(8) provide a schedule of times and places where activities will be carried out under the program of this Act;

(9) provide such methods of administration as are necessary for the proper and efficient cooperation of the plan, including the establishment of a full-time office which shall be responsible, under the direction and supervision of the State board, for the administration of plans in the State;

(10) provide that the State board shall make such reports in such form and contain such information as the Secretary of Labor may from time to time require, and give the Secretary of Labor, upon demand, access to the records on which such reports are based.

(b) The Secretary of Labor shall approve any plan which complies with the provisions of subsection (a) of this section.

SEC. 7. (a) For the purpose of providing for the development of the Labor Extension Service and for its administration within the Department of Labor, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1949, the sum of $10,000,000, and $30,000,000 for each fiscal year thereafter. In each fiscal year, not more than $250,000 of the amount appropriated for programs under this Act for such fiscal year shall be available for administra- tive expenses of the Department of Labor in administering this Act.

(b) The Secretary of Labor shall determine, in accordance with the pro- visions of this Act, the amount to be allotted within each State for carrying on a labor extension program in such State for each fiscal year, the amount so determined to include sums to be made available for administrative expenses of the State board as determined by the Secretary of Labor. Out of the sums appropriated pursuant to this section for each fiscal year, the Secretary shall make allotments to each State totaling not more than such part as he finds that the number of wage earners in such State bore to the total number of wage earners in the United States in the last calendar year for which the Bureau of Census has available statistics: Provided, That the annual allotment for each State under this subsection shall not be less than $25,000, and the allot- ments of the States receiving annual allotments in excess of $25,000 under

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662 INDUSTRIAL AND LABOR RELATIONS REVIEW

this subsection shall be proportionately reduced to the extent necessary to provide for such minimum annual allotments of $25,000 for each State: Provided further, That such minimum annual allotments of $25,000 for each State shall be increased for each fiscal year subsequent to June 30, 1949, in the same proportion by which any subsequent annual appropriation made pursuant to subsection (a) of this section exceeds the sum of $10,000,000 ap- propriated for the fiscal year ending June 30, 1949. The Secretary of Labor shall certify the amount, so determined by the State boards for each cooperating institution, to the Secretary of the Treasury. The Secretary of the Treasury through the Division of Disbursement of the Treasury Department, and prior to audit or settlement by the General Accounting Office, shall pay to each such cooperating institution such amounts as shall be certified from time to time by the Secretary of Labor upon receipt of such certification: Provided, That such payments shall not exceed in the aggregate the annual allotment which has been certified to the Secretary of the Treasury by the Secretary of Labor for such State.

(c) Amounts paid to any State under this section shall be expended solely in accordance with plans which meet the requirements of section 6 of this Act and which have been approved by the Secretary of Labor in accordance with such section.

SEC. 8. (a) Each State board shall be required to make to the Secretary of Labor, on or before the 1st day of October in each year, a report for the pre- vious fiscal year ending June 30, containing such information as may be required by the Secretary of Labor.

(b) The amount of any allotment to a State under section 7 for any fiscal year remaining unexpended or unpaid to such State at the end of such fiscal year shall be available for expenditure or for payment to such State until the end of the second succeeding fiscal year. No payment to a State shall be made out of its allotment for any fiscal year until its allotment for the preceding fiscal year has been exhausted or has ceased to be available.

SEC. 9. The Secretary of Labor shall make an annual report to the Congress on or before the 1st day of December of the conduct, results, receipts, and expenditures of the labor extension work carried on in all of the States receiv- ing the benefits of this Act, including a full statement of any proceedings conducted pursuant to section 10 of this Act, and, where a determination has been made that a State has failed to comply with the provisions of its plan, a statement of any action taken by such State to come into compliance.

SEC. 10. In the case of any plan which has been approved, if the Secretary of Labor, after reasonable notice and opportunity for hearing to the State board which submitted the plan, finds that in the administration of the plan there is a failure to comply substantially with any provision required by this Act to be included in the plan, he shall notify such State that further payments will not be made to the State until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State.

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DOCUMENT 663

SEC. 1 1. DEFINITIONS.-For the purpose of this Act- (a) "Wage earners" include wage and salary earners. (b) "State" means any State of the United States, the District of Columbia,

Alaska, Hawaii, Puerto Rico, and the Virgin Islands. (c) "Cooperating institution" means any college or institution in any State

receiving the benefits of the Act of July 2, 1862, and August 30, 1890, and Acts supplemental thereto, and any other public or private nonprofit college, uni- versity, or research agency in any State, certified as eligible by the State board.

"Bona fide labor organization" means any voluntary organization of em- ployees, not company-dominated, formed for the purpose of advancing the interests of its members with respect to wages, hours, and conditions of em- ployment.

SEC. 12. If any provision of this Act or its application thereof to any institu- tion, or circumstances, is held to be invalid, the remainder of the Act, and the application of such provisions to other institutions, or circumstances, shall not be affected thereby.

SEC. 13. This Act may be cited as the "Labor Extension Act of 1948."

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