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COMMUNICATIONS ON FILE

REORGANIZATION PLAN NO. 5 OF 1961: NATIONAL

LABOR RELATIONS BOARD

WEDNESDAY, JULY 12, 1961

U.S. SENATE,

COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D.C. The committee met, pursuant to notice, at 10 a.m., in room 3302, New Senate Office Building, Senator John L. McClellan (chairman) presiding.

Present: Senators McClellan, Ervin, Gruening, Muskie, Curtis, and Javits.

Also present: Walter L. Reynolds, chief clerk and staff director; Ann M. Grickis, assistant chief clerk and Eli E. Nobleman, professional staff member.

The CHAIRMAN. The committee will come to order.

Preliminary hearings on Reorganization Plan No. 5 were held by this committee on June 6, 1961, at which time testimony in support of the plan was received from the chairman and the general counsel of the National Labor Relations Board.

. The Chairman of the Board stated at that time that all members of the Board supported the plan.

Today, we resume hearings on Reorganization Plan No. 5 for the purpose of accommodating additional witnesses who desire to testify. I presume that we have witnesses here both for and against the plan. The staff has arranged the order in which the witnesses will be called. This arrangement was made to accommodate those out of town witnesses who wished to conclude their testimony and return. We will begin therefore with the schedule as prepared by the staff.

At this point in the record there will be printed the President's message on Reorganization Plan No. 5, Senate Resolution 158, a resolution proposing that the Senate disapprove the plan, and staff memorandum 87-1-45 analyzing the plan.

(The message of the President of the United States, together with Senate Resolution 158 and the staff memorandum analyzing the plan, follows:)

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REORGANIZATION PLAN NO. 5 OF 1961, PREPARED IN ACCORDANCE WITH THE REORGANIZATION ACT OF 1949, AS AMENDED, AND PROVIDING FOR REORGANIZATION IN THE NATIONAL LABOR RELATIONS BOARD

MAY 24, 1961.-Referred to the Committee on Government Operations and ordered to be printed

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 5 of 1961, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization in the National Labor Relations Board.

This Keorganization Plan No. 5 of 1961 follows upon my message of April 13, 1961, to the Congress of the United States. It is believed that the taking effect of the reorganizations included in this plan will provide for greater efficiency in the dispatch of the business of the National Labor Relations Board.

The plan provides for greater flexibility in the handling of the business before the Board, permitting its disposition at different levels so as better to promote its efficient dispatch. Thus matters both of an adjudicatory and regulatory nature may, depending upon their importance and their complexity, be finally consummated by divisions of the Board, individual Board members, hearing examiners, and, subject to the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), by other employees. This will relieve the Board members from the necessity of dealing with many matters of lesser importance and thus conserve their time for the considera

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