Mr. HALLIDAY. That was in 1934, October 6. While with the old Board I had an opportunity to work in the preparation of cases for the grand jury, in appellate cases from Board directions of elections; I further had an opportunity of handling hearings as the representative of the Board, and in such spare time as I had I analyzed records very much as the present review section does. With the coming of the present National Labor Relations Board I was transferred to the staff of that Board and almost immediately went to Boston as regional attorney. Thereafter I returned to Washington to work on more general litigation, and for about 2 years devoted most of my time to injunction work, the preparation of pleadings, the preparation of briefs, and the presentation of arguments in the district courts and the circuit courts of appeals. I also have had experience in the presentation of arguments in the regular enforcement and review proceeding under the act. I head up the Mr. FAHY (interposing). You have argued cases yourself? Mr. HALLIDAY. I have argued cases, yes. I presently head up the trial section, which is one of two sections in the litigation division. Mr. FAHY. Now, explain what the trial section is. Mr. HALLIDAY. The trial section has as its primary function the supervision of the work of the attorneys in the field. We answer their questions, make suggestions to them, and we direct their assignments so that the trial work of the Board can be as properly handled as possible. Mr. FAHY. Do you also have anything to do with the legal questions which arise through the secretary's office? Mr. HALLIDAY. Yes; our advice is called for sometimes on merit problems, on enforcement problems, jurisdictional problems, bankruptcy problems, and the like. In addition, the trial section has the function of clearing cases for hearing. Under the present system of the Board, no case can be tried in the field without clearance through the trial section. This is done in order to make sure that the cases which go to trial are worthy cases, are prepared, and are as short as they possibly can be. We also handle in the trial section a certain amount of miscellaneous litigation. In the event that the Board subpenas are not complied with, we handle the litigation to enforce those subpoenas in the district courts. In the event that the pleas of the circuit court of appeals are not complied with, we handle the contempt procedure in order to effect compliance. We also have under our general supervision the settlement work within the Washington legal staff. Mr. FAHY. Mr. Halliday, through what superior does your section, that is the trial section, head up in the legal organization of the Board? Mr. HALLIDAY. I head up the trial section and am immediately responsible in turn to Mr. Robert B. Watts, associate general counsel of the Board, and perhaps more indirectly to Mr. Charles Fahy, the general counsel. Mr. FAHY. That is an organization in the legal staff which is entirely separate and has no responsibility in connection with the review section? Mr. HALLIDAY. That is correct, sir. 1 Mr. FAHY. Now, Mr. Halliday, at page 230Q of the record, Mr. James P. Miller testified with respect to the Goodyear Tire & Rub ber case. Who is Mr. Miller? Mr. HALLIDAY. He was formerly regional director of the Board in Cleveland. Mr. FAHY. Will you please state whether or not you made any arrangements for the handling of that case from Washington rather than under the regional office? Mr. HALLIDAY. I did make the arrangements by letter, dated, I believe, December 29, 1938. Mr. FAHY. Is this that letter? Mr. HALLIDAY. That is. Mr. FAHY. I offer that and ask that it be spread on the record. (The letter from Malcolm F. Halliday to Harry L. Lodish, dated December 29, 1938, was received in evidence and marked "N. L. R. B. Exhibit No. 219" and follows:) N. L. R. B. EXHIBIT No. 219 INTEROFFICE COMMUNICATION, NATIONAL LABOR RELATIONS BOARD, December 29, 1938. To: HARRY L. LODISH, attorney, eighth region. Realizing that you are shorthanded we are making arrangements for the proper handling of the Goodyear case, and also for the proper functioning of your office pending the handling of that case. The arrangements are being made with the plan in mind that the work on the Goodyear case can commence on January 9. The men assigned to the Goodyear case can meet in your office en January 9 to plan the case and to commence its investigation and preparation. Will you, therefore, immediately transfer Max W. Johnstone to the Goodyear case and place him in charge of that case. If Mr. Johnstone is scheduled to try any other cases, immediately relieve him from those cases, adjourning them if necessary. Harry Casselman, an attorney in the Detroit office, will be directed to report to your office on January 9 to assist Mr. Johnstone in the preparation and presentation of the Goodyear case, A field examiner will be assigned exclusively to the case and will be ready to function not later than January 9. Harold S. Roberts, of the economics division, will likewise report to you on January 9 to aid in the investigation and preparation of the case. We will also have Garnett L. Patterson, of this office, arrange to go to Cleveland, for not more than a day or so, to give you such help as he can. You might suggest the time at which it will be appropriate for him to go. Bernard R. Bralove, an attorney in the Philadelphia office, will be directed to report to you on January 9 to aid you in the handling of your other cases until Mr. Johnstone is released from the Goodyear case. Between now and January 9 Mr. Roberts will be attempting to gather such information as he can here in Washington. So, as I wrote you yesterday, you should submit any suggestions that you can for his guidance. M. F. H. Mr. FAHY. Does that memorandum accurately state the reasons why that arrangement was made for that case to be handled from Washington? Mr. HALLIDAY. It does. Mr. FAHY. At page 230R1 of the record, Mr. Miller testified concerning a meeting in your office on April 4, 1939, at which there was 1 Indicates page reference to verbatim transcript of committee proceedings, December 16, 1939. discussed the question of turning over to representatives of the steel workers' organizing committee certain affidavits relating to the Youngstown Sheet & Tube Company case. Do you recall such a conference? Mr. HALLIDAY. I do recall such a conference. Mr. FAHY. You were present? Mr. HALLIDAY. I was. Mr. FAHY. Who else was present? Mr. HALLIDAY. Mr. Lee Pressman, who is the general counsel of the C. I. O., Mr. Anthony Wayne Smith, who was the assistant general counsel of the C. I. O., and Mr. James P. Miller, formerly regional director of the Board in Cleveland. Mr. FAHY. How would you state the occasion for the conference and what it involved? Mr. HALLIDAY. The Board asked me to Mr. FAHY (interposing). No. What was the subject matter of the conference? Mr. HALLIDAY. Whether or not certain affidavits or copies of certain affidavits should be turned over to the attorneys representing the C. I. O. Mr. FAHY. Now, what reasons did the attorneys representing the C.I. O. give you for their request that copies of those affidavits be turned over to them? Mr. HALLIDAY. They stated that the affidavits had been prepared in the office of the regional director of the S. W. O. C. at Cleveland, that they had been prepared with the cooperation of the union, that a number of other affidavits had also been prepared at that time, and they had retained copies, but that they had neglected to retain copies of these affidavits. It was said that these affidavits were confidential. They argued they were the attorneys for the men who had signed the affidavits and certainly, if they were confidential, the confidential ruling didn't apply to the attorneys. They also stated that they were interested in a possible settlement of the case, that they needed to know all the facts of the case before they could participate in such settlement, to determine what action they should take, and they couldn't obtain the facts of the case without having the affidavits in which the facts were set forth. It was my thought that the affidavits or the copies of the affidavits should be turned over to them, I cleared the matter with Mr. Fahy and also with the Board, and thereafter asked that copies be made at the expense of the S. W. O. C. When those copies were made, they were sent to me by Mr. Miller, and I turned them over to Mr. Smith, the assistant general counsel of the C. I. O. Mr. FAHY. The S. W. O. C., whom Mr. Pressman and Mr. Smith represented, were parties to the case? Mr. HALLIDAY. That is correct. Mr. FAHY. And affidavits had been prepared by them or in consultation with them? Mr. HALLIDAY. In their office and with their cooperation. Mr. FAHY. And they had simply failed to retain copies in their own offices of some of them? Mr. HALLIDAY. That is correct. Mr. FAHY. That is all. The CHAIRMAN. Any questions? Mr. TOLAND. I would like to examine Mr. Halliday for the rest of the day. 218054-40-vol. 19- 2 Mr. FAHY. For the rest of the day? Go ahead. Mr. TOLAND. I would like to state, for the record, Mr. Chairman, that I have known Mr. Halliday ever since 1934. I have had many matters up with him. He has always been fair, courteous, capable, and decent with me in all of the matters that I have had with him. I have a very high regard for him. The CHAIRMAN. Mr. Fahy doesn't object to that statement. Mr. FAHY. No. I would just like to say that applies to all of us. (The witness, Mr. Halliday, was excused.) TESTIMONY OF ALLAN R. ROSENBERG, LEGAL ASSISTANT, NATIONAL LABOR RELATIONS BOARD, WASHINGTON, D. C.Resumed Mr. FAHY. Mr. Rosenberg, you have previously testified, have you not? Mr. ROSENBERG. I have. Mr. FAHY. When you were last on the stand you identified, you will recall, certain material which had been in your custody and in the files in your office, including the materials described generally as C. I. O. publicity with respect to amendments to the act? Mr. ROSENBERG. That is correct. Mr. FAHY. And you will recall that you stated at that time that there was also a file in your office which contained material from the A. F. of L. on the question of amending the act? Do you recall so stating? Mr. ROSENBERG. I do. Mr. FAHY. And do you have that file with you now? Mr. ROSENBERG. I have, in my hand here. Mr. FAHY. Answer the question. Mr. ROSENBERG. I do. Mr. FAHY. At the time you testified, and the other material relating to C. I. O. publicity was introduced in evidence, where was the file that you now have? Mr. ROSENBERG. The file which you are referring to, which I now have in my hand, was in the possession of the staff of the committee. Mr. FAHY. And they have at your request, within the last day or so, made it available to you for your testimony today? Mr. ROSENBERG. That is correct. Mr. FAHY. Now what does the file contain? Mr. TOLAND. Mr. Fahy, I think the record ought to show at this point that I had not completed the examination of Mr. Rosenberg. He still is a committee witness; that at the time he was excused temporarily, and that I proposed again to call him back and at that time when I do I will go into the material you are now going to take up with him, and all the other matters. Mr. FAHY. What does the file contain? Mr. ROSENBERG. The file contains lists of-it is entitled "A. F. of L. Organizations. Opposed to Amendments"—and it contains lists of names of various unions affiliated with the A. F. of L. which have opposed amendments to the National Labor Relations Act. Mr. FAHY. Now how many such lists are there there? Mr. FAHY. Separately headed? Mr. ROSENBERG. Separately headed. Mr. FAHY. What is the heading on the face of the first one? Mr. ROSENBERG. The heading on the first one is "A. F. of L. organizations opposed to amendments," and may I say, Mr. Fahy, that this represents a list of the names of organizations which have communicated their opposition to amendments to the Senate Committee on Education and Labor, and that I copied these names from the documents in the possession of the Senate Committee on Education and Labor. Mr. FAHY. I offer this in evidence and ask that it be spread on the record. The list headed "A. F. L. organizations opposed to amendments" was received in evidence, marked "N. L. R. B. Exhibit No. 220," and follows:) N. L. R. B. EXHIBIT No. 220 A. F. L. ORGANIZATIONS OPPOSED TO AMENDMENTS Pasadena Typographical Union, Jas. L. Warden, Secy., 1778 Asbury Drive. Wm. R. Boyd, Fin. & Cor. Secy., 1988 Valentine Ave., Bronx, N. Y. Women Trade Union League Committee, Washington, D. C., 307 Mach. Bldg., Duluth Federation of Teachers, Local No. 311, Mary Ellen Sheptink, Corr. Secy. Railroad Brotherhood Leg. Council, Oakland, Calif. (Composed of lodges of 21 standard railroad organizations.) R. N. Dwinell, Rec. Secy. Brooklyn Metal Trade Council, Navy Yard, N. Y., I. C. Velson, Secy., 85 Orange St., Brooklyn, N. Y. Brotherhood of Maintenance of Way Employees, A. F. L., Mitchell Lodge 1835, Mitchell, S. D., John McAvinney. Great Falls Typographical Union No. 256, W. V. Biallas. Cafeteria Employees Union Local 302, Hotel & Restaurant Workers, Alfred Hirsch, Ed. Director. Bldg. & Construction Laborers Union, Local No. 292 (Hod Carriers, Building and Common Laborers' Union of America, International), Everett, Washington, W. E. Ryder, Secy., 2529 Grand Ave. Brewery Workers Union, Hawaiian Islands, Jas. W. Cooley, Secy.-Treas. A. P. System, Div. 14, C. T. U., 400 Shaw Ave., Francis B. Fisher. I. A. M. Vallejo Lodge, No. 252, J. P. Mallot, 834 Ala. St., Vallejo, Calif. Miscellaneous Employees Union, Local No. 110, 491 Jessie St., Cor. 6th St. Federal Labor Union 18887, Joseph Fox, Recording Secy.; Wm. Kelner, Pres.; 1912 W. Carey St. Brooklyn Navy Yard, Local Union 711 of United Association of Journeymen, Plumbers and Steam Fitters of the U. S. and Canada, N. T. Smorodin, Secy. North Shore Local No. 460, A. F. T., Molly Pritchard, Secy. United Match Workers Federal Labor Union 18565, Wadsworth, Ohio, Mrs. Evelyn Repp, Corr. Secy., 178 Grandview Ave. Perry County Central Trade & Labor Council, Crooksville, Ohio, Wm. Thorne, Pres. National Federation of Post Office Clerks Local Union No. 89, Julius Kirch, Rec. Secy., P. O. Box 7535. Federal Labor Union Local No. 19981, C. A. Pretzer, Rec. Secy., P. O. Box 434, Bellefonte, Pa. Local Union 389 Sheet Metal Workers International Association, Richard Arazo, Secy., 1426 Beach Ave., New York. Dallas Stereotypers Union No. 87, Fred W. Wilson, Pres. |