WEDNESDAY, APRIL 18, 1973.

FEDERAL MEDIATION AND CONCILIATION SERVICE

WITNESSES

W. J. USERY, JR., DIRECTOR

LOWELL M. MCGINNIS, DEPUTY DIRECTOR

KENNETH E. MOFFETT, DIRECTOR, MEDIATION ACTIVITY

STEPHEN P. LEJKO, DIRECTOR, ADMINISTRATIVE MANAGEMENT

1 Selected resources as of June 30 are as follows: Undelivered orders, 1971, $21 thousand (1972 adjustments, -$21 thousand); 1972, $114 thousand; 1973, $114 thousand; 1974, $114 thousand.

WITNESS INTRODUCTION

Mr. FLOOD. We now have the Federal Mediation and Conciliation Service. The presentation will be made by Mr. W. J. Usery, the Director.

We are glad to see you wearing your new hat. We remember you as Assistant Secretary of Labor for Labor-Management Services. Mr. USERY. Yes, sir.

Mr. FLOOD. How long have you had this job?

Mr. USERY. Three weeks.

Mr. FLOOD. You are new.

I see you have a prepared statement. How do you wish to proceed? Mr. USERY. Mr. Chairman, if it is all right with you, I will speak to the statement.

Mr. FLOOD. Go ahead.

[The biographical sketches follow:]

W. J. USERY, JR., DIRECTOR, FEDERAL MEDIATION AND CONCILIATION SERVICE

W. J. Usery, Jr., was nominated by President Nixon as Director of Federal Mediation and Conciliation Service on February 15, 1973, and took office on March 29, 1973, after Senate confirmation.

In this capacity, he directs the activities of the Federal Mediation and Conciliation Service which provides mediation assistance to labor and management in the solution of disputes in the private and public sectors of the Nation.

He is responsible for directing the activities authorized under title II of the Labor-Management Relations Act of 1947 which directs the Service to prevent and minimize interruptions of the free flow of commerce growing out of labor disputes, and assist parties to settle such disputes through conciliation and mediation. His responsibilities include carrying out applicable portions of Executive Order 11491, as amended, relating to the resolution of disputes in the Federal service. He is also a member of the Construction Industry Collective Bargaining Commission established under Executive Order 11482.

He is chairman of the Working Party on Industrial Relations under the Organization for Economic Cooperation and Development (OECD). The OECD has headquarters in Paris, France.

Prior to his appointment as Director of the Service, he served as Assistant Secretary of Labor for Labor-Management Relations since February 1969.

From 1956 to 1969, Mr. Usery was grand lodge representative of the International Association of Machinists and Aerospace Workers (IAM), AFL-CIO, and participated in most of the national labor-management negotiations in the aerospace industry, frequently serving as chairman of the union's negotiation committee.

From 1961 to 1967 he was the industrial union representative on the President's Missile Sites Labor Committee at the Kennedy Space Center and at the Marshall Space Flight Center in Huntsville, Ala.

Born in Hardwick, Ga., on December 21, 1923, Mr. Usery attended Georgia Military College from 1938 to 1941, and Mercer University in 1948-49. He received the Distinguished Alumni Award from Georgia Military College in 1971 for his work in labor-management relations. He served in the U.S. Navy from 1943 to 1946.

KENNETH E. MOFFETT, DIRECTOR OF MEDIATION ACTIVITY

Kenneth E. Moffett was appointed Director of Mediation Activity on December 18, 1972. As the Director of Mediation Activity, Mr. Moffett directs the mediation of labor relations disputes in the private, public and Federal sectors. Mr. Moffett graduated from the University of Maryland at College Park, Md., in 1957.

From 1957 to 1961 Mr. Moffet served as an international representative for District 50, United Mine Workers of America.

In 1961 Mr. Moffett was appointed a Commissioner with the Federal Mediation and Conciliation Service by William E. Simkin, Director. He served in Washington for 1 year and in Cleveland, Ohio, for 5 years.

In 1967 Director Simkin appointed Mr. Moffett a national troubleshooter for the Service, mediating disputes of national significance and importance.

In August 1969 Director Counts appointed Mr. Moffett as his Special Assistant. In that position Mr. Moffett directed the mediation of labor disputes in the Federal, State and local areas.

In October 1969 Mr. Moffett was appointed executive secretary of the Atomic Energy Labor-Management Relations Panel by Father Leo C. Brown, S.J., chairman of the panel.

Mr. Moffett is a member of the Advisory Council to the National League of Cities, U.S. Conference of Mayors, and is a member of the board of directors for the Society of Professionals in Dispute Resolution (SPIDR).

LOWELL M. MCGINNIS, DEPUTY DIRECTOR

Lowell M. McGinnis was appointed Deputy Director of the Federal Mediation and Conciliation Service in June 1969. In this capacity he assists the Director in coordinating the activities of the FMCS, with special emphasis on the overall management and operation of the Service.

This appointment followed an extended career with the Los Angeles Public Schools which began as a teacher of history in 1937, vice principal and principal of junior and senior high schools, and as assistant superintendent of staff relations. In the latter capacity he was responsible for supervising employee activities dealing with employee organizations, grievances, discharges, and coordinating the in-service education program for teachers and administrators.

On the initiation of a State-mandated statute which provided for employee organizations meeting and conferring with the board of education on educational problems, Mr. McGinnis assumed responsibility of representing the board with the Junior College and School Districts Negotiating Councils.

Mr. McGinnis is the author of several articles dealing with teacher militancy, teacher grievances, and teacher negotiations which were published in professional educational journals.

Mr. McGinnis received his M.A. in history in 1940 and his Ed. D. in 1954 from UCLA. While in the field of public education, he was a member of numerous civic boards, commissions, and committees. He is listed in Who's Who in American Education.

During World War II Mr. McGinnis served in the U.S. Navy as a lieutenant from 1942 until 1946.

Mr. McGinnis was born in Bismarck, Mo. He is married and has two daughters.

S. P. LEJKO, DIRECTOR, ADMINISTRATIVE MANAGEMENT

S. P. Lejko became Director of the Office of Administrative Management, Federal Mediation and Conciliation Service, in December 1972 after having served as Associate Director of Administrative Management since May 1971. In this position he is responsible for directing the administrative activities of the Service.

His prior Federal career service includes about 10 years with NASA Headquarters, Washington, D.C. He served in various administrative positions including Headquarters Budget Officer, Director of Management Coordination in the Office of Administration, and Acting Director of the Management Systems Office.

From 1949 to 1962 he was with the Agricultural Research Service, USDA, where he served in various budgetary positions and as Assistant to the Administrator for legislative matters. He began his career in the Federal Government as budget analyst with the War Assets Administration in Cincinnati, Ohio, in 1947.

He received an ASC degree (1949) in business administration from Chase College, Cincinnati, Ohio; a BS degree (1954) and an MA degree (1959) in public administration from American University, Washington, D.C., and has completed course work toward a Ph. D. degree. During 1967-68 he was nominated as the NASA candidate for the presidential fellowship program in systematic analysis and completed graduate study in economics at the University of Maryland. During World War II Mr. Lejko served as a pilot in the Air Force from 1942 to 1946.

Mr. Lejko was born in Yugoslavia, is married and has one son.

GENERAL STATEMENT

Mr. USERY. Mr. Chairman and members of the committee: I am pleased to appear before you and present the fiscal year 1974 appropriation estimate for the Federal Mediation and Conciliation Service. At the outset, Mr. Chairman, I want to state that in view of my recent appointment as Director of the Service I have not had the opportunity to develop this budget request. However, I am sure that the budget estimate for fiscal year 1974 will provide continuity of service to both labor and management as in the past. It is an austere budget and is in support of the administration's efforts to curb Federal employment and expenditures but yet provide the essential services.

At this time I am making an in-depth review of our organization, staffing, and the resources available to the Service. This is to assure that we will be able to provide the necessary assistance to labor and management in light of the current bargaining climate and the emphasis placed on industrial peace and economic stability. I pledge to the maximum extent to foster and promote more effective bargaining relationships. The Service is dedicated to this aim of promoting labormanagement peace by assisting the parties to labor agreements to handle their problems more effectively.

As a step in this direction, the President has just established a National Commission on Industrial Peace. He has appointed top leaders of labor and management to work together and develop a program and implement innovative procedures which will improve the resolution of disputes and collective bargaining in the public interest. We will make available to the Commission the FMCS experience in this area. The Service also will provide support and assistance at the national level and particularly at the grassroots in the industrial centers serviced by our mediators.

The mission of the Federal Mediation and Conciliation Service is to prevent, minimize, and assist in the settlement of labor-management disputes throughout the Nation. In particular, the primary objective of the agency is to prevent work stoppages and to reduce their duration when they occur. Additionally, through its dispute mediation program, the Service provides assistance to labor and management in the private and public sectors in the negotiation and renegotiation of collective bargaining contracts. A special facet of our work is the preventive activity which is a coordinated Service-wide program designed to foster dispute avoidance through long-term improvement of labor-management relationships. The public information and educational activities are supporting functions to the total mediation effort. The arbitration services are an important function used by labor and management in the private and public sectors to solve problems that arise out of the interpretation and implementation of existing contracts. The Service makes available to the parties panels of skilled arbitrators from which selections of individuals can be made by the parties to hear and decide issues in dispute.

The statutory and other legal authorities and the program structure to implement these responsibilities are described on pages 2 through 4 in the narrative justification of the budget request.