record in the proceedings, including the pleadings and testimony upon which such order was entered and the findings and order of the Board. Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Board. No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board, its member, agent, or agency, the court may order such additional evidence to be taken before the Board, its members, agent, or agency, and to be made a part of the transcript. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate United States court of appeals if application was made to the district court as hereinabove provided, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28 of the United States Code.

(b) When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part an order of the Board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by the Act entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes", approved March 23, 1932 (U. S. C., title 29, secs. 101-115).

(c) Petitions filed by the Board under this Act shall be heard expeditiously and, if possible, within ten days after they have been docketed.

SEC. 10. Any order of the Board issued under section 3 or section 4 of this Act shall become final

(a) upon the expiration of the time allowed for filing with the Board, as provided in section 9, a notice of objection and a demand that the Board petition for review of its order, if no such notice and demand has been duly filed within such time;

(b) upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Board has been affirmed by a United States court of appeals, and no petition for certiorari has been duly filed;

(c) upon the denial of a petition for certiorari, if the order of the Board has been affirmed or the petition for review dismissed by a United States court of appeals; or

(d) upon the expiration of ten days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the Board be affirmed.

SEC. 11. (a) Whenever there shall be in effect and applicable to any labor organization or person a final order of the Board issued under the provisions of section 3 or section 4 of this Act, it shall be unlawful for such labor organization or person to

(1) act as the representative, spokesman, leader, adviser, or agent of employees engaged in any concerted activity for the purpose of collective bargaining or other mutual aid and protection;

(2) solicit or accept from employees or from their employer, pursuant to the terms of any assignment, check-off or other agreement, any money or thing of value as the initiation fees or membership dues of any employees in a labor organization; or

(3) instigate, encourage, or support, directly or indirectly, any strike, slowdown, or other interruption of work among or by employees.

(b) Any labor organization which willfully violates any of the provisions of this section shall be punished for each such offense by a fine of not more than $10,000.

(c) Any individual who willfully violates any of the provisions of this section shall be punished for each such offense by a fine of not more than $10,000, or by imprisonment for not more than five years, or by both such imprisonment and fine.

(d) For the purposes of this section, each of the offenses enumerated in subsections (1), (2), and (3) of subsection (a) shall be considered separate offenses and each day on which any such offense occurs or is continued shall constitute a separate offense.

SEC. 12. No findings or order of the Board issued under the provisions of this Act shall be received in evidence in any criminal proceeding except a proceeding involving the provisions of section 11 hereof.

SEC. 13. Section 9, subsection (h) of the National Labor Relations Act, as amended, and the reference to said section 9 (h) contained in section 8 (a) (3) of said Act, are hereby repealed.

SEC. 14. The National Labor Relations Board is empowered and directed to take official notice of all hearings and orders of the Board and to adopt such rules, regulations, and policies as will effectuate the policies of this Act and the National Labor Relations Act, as amended. For this purpose, the National Labor Relations Board is specifically empowered, notwithstanding the provisions of section 9 (c) (3) of the National Labor Relations Act, as amended, and notwithstanding any administrative policy of the National Labor Relations Board, to direct an election of representatives in any bargaining unit then represented by a labor organization or individual against which a proceeding under this Act has been commenced by the Attorney General: Provided, That there has been filed with the National Labor Relations Board a petition for such an election by 20 per centum or more of the employees in such bargaining unit.

SEC. 15. If any provision of this Act, or the application of such provision to any labor organization, person, or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to labor organizations, persons, or circumstances other than those as to which it is held invalid, shall not be affected thereby.

[S. 23, 83d Cong., 1st sess.]

A BILL To make it unlawful for a member of a Communist organization to hold an office or employment with any labor organization, and to permit the discharge by employers of persons who are members of organizations designated as subversive by the Attorney General of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Subversive Activities Control Act of 1950 (Public Law 831, Eighty-first Congress) is amended by renumbering paragraph (15) as paragraph (16) and inserting after the paragraph (14) the following new paragraph:

"(15) Labor organizations are at times infiltrated by subversive persons who are members of Communist organizations and fronts and whose activities disrupt normal peaceful labor relations and limit or embarrass the choice of loyal citizens in affiliating with loyal labor organizations."

SEC. 2. Subsection 5 (a) (1) of the Subversive Activities Control Act of 1950, as enacted in the Internal Security Act of 1950 (Public Law 831, Eighty-first Congress), is amended by adding at the end thereof the following new paragraph:

"(E) to hold any office or employment with any labor organization, as that term is defined in section 2 (5) of the National Labor Relations Act, as amended by section 101 of the Labor Management Relations Act, 1947 (61 Stat. 137-138)."

SEC. 3. Section 5 of the Subversive Activities Control Act of 1950, as enacted in the Internal Security Act of 1950 (Public Law 831, Eighty-first Congress) is amended by adding the following subsection :

"(d) Nothing in this Act or any other statute of the United States shall preclude an employer from discharging without liability an employee who voluntarily continues as a member of an organization duly designated by the Attorney General of the United States as subversive, or who has actively concealed his membership in such an organization, or who has refused to state to a duly constituted congressional legislative committee whether or not he is or has knowingly or willingly been a member of such an organization."

Mr. ARENS. Mr. Chairman, the first witness who is scheduled to appear this morning is Mr. George E. Bader, vice president and works manager of the Precision Scientific Co.

Mr. Bader, would you kindly come forward and assume the witness chair, there?

Senator BUTLER. Mr. Bader, do you, in the presence of Almighty God, solemnly swear that the evidence you give before this task force of the Internal Security Subcommittee of the Judiciary Committee of the United States Senate will be the truth, the whole truth, and nothing but the truth?

Mr. BADER. I do.

Mr. ARENS. Kindly identify yourself by name, residence, and occupation.

TESTIMONY OF GEORGE EDWARD BADER, CHICAGO, ILL., VICE PRESIDENT IN CHARGE OF MANUFACTURING, PRECISION SCIENTIFIC CO.

Mr. BADER. George Edward Bader, Chicago, Ill., vice president in charge of manufacturing, Precision Scientific Co.

Mr. ARENS. Mr. Bader, would you keep your voice up so that the committee can here you clearly?

Mr. BADER. Surely.

Mr. ARENS. Mr. Bader, you have been scheduled at your request to appear to testify with reference to the legislation which is currently pending before this task force of the Internal Security Subcommittee of the Senate.

Mr. BADER. Yes.

Mr. ARENS. And I should like you just to proceed now in your own way at your own pace to make such comments as you feel are pertinent to the legislation which is pending.

Mr. BADER. Well, I would like to present the background. I have been associated with the Precision Scientific Co. since 1950, since September 1951 as works manager, and more recently as vice president in charge of the manufacturing of the company.

The Precision Scientific Co. manufactures research and development apparatus for use in scientific and technical laboratories. We supply the Atomic Energy Commission, the Munitions Board, the Medical Procurement Agency, and other Government agencies, with apparatus for their research and development laboratories.

Mr. ARENS. Do you also supply or produce defense material?

Mr. BADER. Yes. We developed for the armed services a mobile petroleum laboratory. It was airborne. This laboratory was made for the purpose of testing gasolines, greases, oils, and other petroleum items in the field. There were four of these units used in Korea. They were for the purpose of testing materials that were captured or confiscated, or for checking to see whether or not our supplies have been sabotaged.

These mobile laboratories cut down on the length of time that was required to test these items. Normally, they were sent back to field laboratories for testing, which sometimes incurred a long delay, in fact, in instances, so long that when time was not available they would destroy the supplies rather than take a chance on losing them or using them to their disadvantage.

Mr. ARENS. I understand your company had something to do with the development of the iron lung, which has become so famous in the course of the last few years.

Mr. BADER. Yes, Precision Scientific Co. was a codeveloper of the orginal iron lung. We also manufactured blood plasma units, Warburg units which are used in cancer research, ionograph Keller units, ovens, incubators, autoclaves, and such metal ware as is used in testing and research laboratories in the metallurgical, biological, petroleum, and chemical fields.

Mr. ARENS. Now, in June of 1953, did you have occasion or did your company have occasion to have negotiations with the industrial mobilization and procurement and planning division of the armed services?

Mr. BADER. Yes, we were asked to negotiate, and the agency asked us for a schedule, which we were unable to give them, because of the circumstances at that time, caused by the unrest in the Mine, Mill and Smelter Workers Union.

Senator BUTLER. Will you state for the record the percentage of your manufacturing output that is restricted?

Mr. BADER. We at present have nothing restricted. We have had in the past classified materials that were restricted, confidential, and top secret.

Mr. ARENS. Were you able to make commitments with the Government for the production of this vital materiel which the armed service wanted you to produce?

Mr. BADER. No, sir, we were not.

Mr. ARENS. And why were you not able to do so?

Mr. BADER. Because of the uncertainty of our relations with this labor union.

Mr. ARENS. And what labor group is that?

Mr. BADER. That is the International Union of Mine, Mill and Smelter Workers.

Mr. ARENS. And is that the same group which was, about a year ago, exposed by the Internal Security Subcommittee as a Communistdominated labor organization?

Mr. BADER. Yes; at Salt Lake City, at the Salt Lake City hearings. Mr. ARENS. At the hearings we had in Salt Lake City?

Mr. BADER. That is correct.

Mr. ARENS. When were those?
Mr. BADER. October 7 and 8.

Mr. DUFFY. 1952.

September?

Mr. ARENS. Would you just proceed at your own pace to tell of the difficulties which you have had or your organization has had with the Mine, Mill, and Smelter Workers.

Mr. BADER. Well, when I accepted the responsibility of manufacture of our items, which was in September 1951, I noticed immediately that I was alarmed at the unrest, and the conditions that seemed to prevail among the workers.

I was at a loss to explain any reason for that, because they had just negotiated a contract with this union.

So I thought I would make a study. And during this study, I found out that the union had been granted everything that they had asked for. They had been given complete fringe benefits that are

compatible with this era. And I couldn't understand why we would have the situation that we did. There was particular unrest. The arguments that the union would put forth were inane. There was no basis or foundation for the requests that they were making.

There were such instances as that they would grieve because the workers didn't get overtime. When we scheduled overtime, they wouldn't allow the workers to work the overtime that was scheduled. Senator BUTLER. Will you tell us for the record how many employees you have at the plant?

Mr. BADER. We have approximately 250 in the bargaining unit.
Shall I continue?

Mr. ARENS. If you please, sir.

Mr. BADER. There was a time in the negotiations when the union officials refused to negotiate with the officers of the company, stating that they would negotiate only with the wives of the officers of the company-the wives of the officers of the company having no part in company affairs.

Mr. ARENS. Did you have reason to conclude in your own mind that the disruption caused by Mine, Mill was occasioned by something other than a deep sincere concern for labor conditions of the members?

Mr. BADER. The disruption in working and the arguments put forth by the union weren't for contractual gains. That is what I couldn't understand. And until I completed my investigation

Senator BUTLER. What type of work were you doing at that time? Mr. BADER. At that time I was works manager in charge of manufacturing.

Senator BUTLER. And what type of work was being processed in the plant?

Mr. BADER. Manufacture of the items such as I have mentioned.
Senator BUTLER. Any of it secret or restricted?

Mr. BADER. Some of them were classified.

Senator BUTLER. Was there a deadline on the production of the items?

Mr. BADER. Many of them were under directives.

Senator BUTLER. Will you explain what you mean by that, that they were under directives?

Mr. BADER. They were under directives issued by the National Production Authority at the request of the Atomic Energy Commission and the Munitions Board and the various Government agencies to complete the Savannah River project and other projects for the AEC. Mr. ARENS. What is your backlog of orders at the present time, unfulfilled orders which you have with the National Production Authority?

Mr. BADER. Our entire backlog for the company is well over a million, and I would say 40 percent of that is to fill Government orders.

Mr. ARENS. Now, Mr. Bader, although the Mine, Mill and Smelter Labor organization has been ejected from CIO because the CIO found, in effect, that it was Communist controlled, and although Mine, Mill and Smelter has been repeatedly exposed by congressional committees as being a Communist controlled organization, your company is obliged to bargain with the Mine-Mill under the existing arrangement. Isn't that correct?