That on the same ship there were other men of the crew who voted before on the steamship Atlantic, steamship Chalenger, and the steamship West Isleta of the same company. That this is a true and complete fact of what occurred. (Signed.) SILVIO ANAVITATE, Subscribed and sworn to before me this 10th day of January 1938. WILLIAM GREENBERG, Commission expires March 30, 1939. AMERICAN FEDERATION OF LABOR SEAMEN'S Re election held on Exminster of Export Steamship Co., December 6, 1937. Statement made by William Maher, organizer for American Federation of Labor Seamen's Union No. 21420, who attempted to attend election to be held at 8 a. m. December 6, 1937, on the steamship Exminister of the Export Steamship Co., per notice received from Mrs. Elinore M. Herrick, regional director, National Labor Relations Board: "I arrived at Pier F, Jersey City, N. J., around 7:30 a. m. December 6, 1937. I was recognized by several members of the National Maritime Union. In order to avoid personal injury I secured the services of an officer stationed at Exchange Place. This officer escorted me to the ship and then left. "After arriving on the ship, representatives of the Maritime Union were talking to a group of men composing the crew. The attitude of the National Maritime Union men and the representative of the National Labor Relations Board were anything but cordial. "Finally three men, members of the engine department, told me that if I had an ounce of sense, and any interest in my own personal health, that I would leave the ship, which I did, believing that my presence there, under the circumstances and conditions, would not help me or the cause." (Signed) WM. P. MAHER, Sworn to before me this 30th day of December 1937. Organizer. CHARLOTTE SUSSMAN, Notary Public, Kings County, Clerk's No. 839, Register's No. 9142. Commission expires March 30, 1939. AMERICAN FEDERATION OF LABOR SEA MEN'S REORGANIZATION COMMITTEE, New York City, December 29, 1937. Re election held on West Lashaway of American West African Line, December 20, 1937. Joint statement made by Frank O'Hare and E. G. Moreno, delegates of American Federation of Labor Seamen's Union, No. 21420, on December 20, 1937: who attended election, or attempted to do so, per notice received from Mrs. Elinore M. Herrick, regional director of the National Labor Relations Board for port of New York: "We arrived at pier 4, Constable Hook, N. J., at 7:50 a. m. on December 20, 1937. Just after arriving we were in conversation with the second cook when several sailors, at least seven or eight, asked us what it was all about, and if we were American Federation of Labor representatives. Upon admitting that we were, they told us to get off the boat, or else. As there were a number of these men and only two of us we were in no position to resist, so we walked along slowly, the sailors following us and making sure that we left the boat. "There were no police in sight at the time, so we had no protection of any kind, which accounted for our decision to leave without attempting to resist the actions of the sailors. "The above is a true statement of what happened when the election was held on the West Lashaway on December 20, 1937." (Signed) FRANK O'HARE, Delegate, A. F. of L. Seamen's Union No. 21420. (Signed) E. G. MORENO, Delegate, A. F. of L. Seamen's Union No. 21420. Sworn to before me this 8th day of January 1938. JAMES J. REDDEN, Notary Public, Registered New York County 949. STATE OF NEW YORK, County of New York, 88: Roy Albert Owens, being first duly sworn according to law, upon oath deposes and says: That on September 11, 1937, he was engaged as boatswain on the steamship Henry R. Mallory, of the Clyde Mallory Lines, and served on said vessel until discharged therefrom at the port of New York on November 1, 1937. That said vessel was posted by the National Labor Relations Board at Galveston, Tex., and elections thereon, pursuant to a decision of the National Labor Relations Board, were conducted on said vessel by said Board or its representative at the port of New York on or about October 15, 1937. Affiant says further that he is not certain how many representatives of the National Labor Relations Board were present to conduct said election, there being at least one such representative wearing the official badge. Two or three other persons, not members of the crew and unknown to affiant, were present at the time of balloting in the smoking room of said vessel. That just prior to the balloting certain representatives of the National Maritime Union came aboard the vessel, apparently with the knowledge, consent, and approval of company officials and in violation of the rules of the election as promulgated by the Board; went to the crew's quarters, distributed literature of the National Maritime Union, discussed with members of the crew how they should vote, and in general, more or less openly electioneered in favor of the Maritime Union. These individuals stated to the crew, among other things, that all of the other ships of the line were going National Maritime Union, and it would be useless for the crew of this ship to vote for the American Federation of Labor union. This at a time, of course, when the results of balloting on the ships of the line could not have been known to the general public. That neither the representative of the Board nor the officials of the company interfered with the electioneering as aforesaid. Affiant believes and further avers that through such organized and illegal action, including the intimation that the elections were already decided and could not possibly be decided in favor of the American Federation of Labor union, a number of the crew voted for the National Maritime Union instead of for the union of which they were members. (Signed) Roy A. OWENS. Subscribed to before me this 30th day of November 1937. ETHEL LANGE, Notary Public. Kings County. Kings County Clerk's No. 652, Register No. 9392. New York County Clerk's No. 1005, Register No. 9L586. Commission expires March 30, 1939. The CHAIRMAN. Mr. Scharrenberg, recently there has been an election on the United Fruit Line; has there not? Mr. SCHARRENBERG. I do not know that the results have been announced. But I am frank to admit that we were badly beaten in most of those elections, due to the superior propaganda of our friends of the C. I. O., and because of the liberal aid and assistance rendered to the C. I. O. by Mrs. Herrick, in New York; in particular, with the tacit aid and approval of her superiors. There are still some elections to come, in connection with fairly large companies, where we expect to obtain a victory. But no matter what happens, it is apparent there are going to be two seamen's unions on the Atlantic coast, the C. I. O. and A. F. of L. Some of these elections where we are likely to be successful are being kept back, for reasons which I scarcely dare to suggest. You see, if it were known that we had been successful with a few large companies, the C. I. O. propagandists would have difficulty explaining things. The CHAIRMAN. Mr. Scharrenberg, if that is the condition and if that is to be the state of affairs in the future, it makes the problem of this committee all the more difficult with respect to taking some sort of action to operate these ships with reasonable peace and harmony; does it not? Mr. SCHARRENBERG. Well, Senator, we are submitting what we think is a solution. We propose to amend the existing act creating the National Labor Relations Board, as follows: Section 2 is to be amended by adding a subsection number 12, reading as follows: (12) "Maritime Labor Relations Board" means the Maritime Labor Relations Board created under this amendment. Then section 3 is amended by adding a subsection to be known as (d) and (e), and reading as follows: (d) There is hereby created a Board to be known as the "Maritime Labor Relations Board" (hereinafter referred to as the "Maritime Board"), which shall be composed of three members, who shall be appointed by the President, by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year, one for a term of three years, and one for a term of five years, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as the chairman of the Maritime Board. Any member of the Maritime Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. A vacancy in the Maritime Board shall not impair the right of the remaining members to exercise all the powers of the Board, and two members of the Board shall, at all times, constitute a quorum. The Maritime Board shall have an official seal which shall be judicially noticed. The Maritime Board shall at the close of each fiscal year make a report in writing to Congress and to the President stating in detail the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Maritime Board and an account of all moneys it has disbursed. Subsection (e) follows right along: (e) The Maritime Board shall have exclusive jurisdiction to administer and enforce the provisions of this Act in the maritime industry with regard to shipping companies engaged in foreign and interstate commerce and their employees, including specifically seamen, longshoremen, and stevedores. The authority to administer and enforce the provisions of this Act with regard to said shipping industry with jurisdiction over employers and employees in said industry is hereby taken from the National Labor Relations Board and vested exclusively in the Maritime Board, but only in the shipping industry. Then section 4 is amended by adding a new subsection, to be known as subsection (d), as follows: (d) Each member of the Maritime Board shall receive a salary of $10,000 a year and shall be eligible for reappointment and shall not engage in any other business, vocation, or employment (and shall be restricted as to ownership of any other interest in any shipping company in the same manner as members of the United States Maritime Commission are restricted. Otherwise the provisions of (a) of this Section and also the provisions of Section 5 and Section 6 shall apply to the Maritime Board). You will recall that section in the act creating the National Maritime Commission, which provided that no one shall be appointed who has any interest in shipping or ships, and so forth. We added that here so as to make it impossible to appoint a man who has pecuniary interest in the shipping companies. The next is section 9, which is to be amended by adding a new subsection (e), as it is to be known, as follows: (e) All questions concerning representation among maritime workers or employees of shipping companies shall be referred to the Maritime Board which shall apply the provisions of this Section to the settlement thereof and shall follow the same procedure as is set out in said Section. Section 10 is amended by adding a new paragraph to be known as subsection (j), as follows: (j) The Maritime Board is empowered, as provided in this Section, to prevent any person engaged as an employer in shipping subject to this Act from engaging in any unfair labor practice as listed in Section 8. This power shall be exclusive for the maritime industry and shall not be exercised by the National Labor Relations Board or any other Federal board, and shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, code, law, or otherwise. The Maritime Board shall follow the procedure outlined in this Section, Subsection (b) to (i) above with regard to the prevention of unfair labor practices in the shipping industry. Sections 11, 12, 13, 14, and 15 shall apply to the administration of the act and of their duties by the members of the Maritime Board. And then a final amendment: The act is further amended by adding thereto a new section to be known as section 17, as follows: Section 17. The Maritime Board shall have the same powers and be entitled to the same protection as is granted in Sections 11 and 12 of this Act to the National Labor Relations Board and shall follow the same procedure as is set out in Section 11. The National Labor Relations Board, upon the enactment of this amendment to the Act shall be divested of its jurisdiction from the maritime industry in the enforcement of the provisions of the Act and the Maritime Board shall have such exclusive jurisdiction in that industry. All cases in the maritime industry pending before the National Labor Relations Board, the records and orders therein, shall be turned over by said Board to the Maritime Board. No decisions heretofore rendered by the National Labor Relations Board in the maritime industry shall be affected by this amendment, except that the Maritime Board may consider anew petitions for certification of representatives of employees in the maritime industry for the purpose of collective bargaining under Section 9 of the Act. We submit that, Mr. Chairman, for your careful consideration. The CHAIRMAN. There are one or two matters about which I should like to ask you, Mr. Scharrenberg. Mr. SCHARRENBERG. Yes, sir. The CHAIRMAN. As a legislative matter, do you think it would be found easy to amend the National Labor Relations Act so as to set up some such arrangement with all the powers you have designated, with the Maritime Commission? Mr. SCHARRENBERG. Well, we have given that very careful consideration; but we could not get away from the fact, Senator, that the Maritime Commission is an employer. As you know, the Government of the United States owns and operates a great many ships. It is at least quite conceivable that the number of ships operated by the Board may be increased rather than decreased. If private operators cannot operate American ships, the Government will probably have to do so; because we cannot get along without a certain number of merchant vessels. So we feel that the Maritime Commission as an employer should not have a bureau subordinate to it, to adjudicate troubles between that same employer and the seamen. The CHAIRMAN. Do I understand that these proposed amendments to the Wagner Act do not in any sense disturb as I have followed you-the general application of that act? Mr. SCHARRENBERG. That is right. The CHAIRMAN. All your amendments are intended to go within the National Labor Relations Board, and set up within it another board? Mr. SCHARRENBERG. Not within; it will be entirely separate. The present law providing for the National Labor Relations Board is to be used by this new Maritime Labor Board. The CHAIRMAN. Then what would be the objection to setting up an entirely new board, outside of the National Labor Relations Board, with all the powers of the National Labor Relations Board as they apply to maritime conditions? Mr. SCHARRENBERG. That is just exactly what we are doing, or asking to have done. The CHAIRMAN. But you are setting it up within this structure? Mr. SCHARRENBERG. We are using this structure. They have been at it, now, for 2 years; and in due time the American Federation of Labor will submit amendments to make the law more satisfactory, and those amendments will apply to both boards-assuming that you are going to create a maritime board. The CHAIRMAN. The only thing I have in my mind. Mr. Scharrenberg, in connection with that, is that this Wagner Act is a sacred act and is beyond all amendment and change. Mr. SCHARRENBERG. No; it is not. The CHAIRMAN. It is not? Mr. SCHARRENBERG. NO. The CHAIRMAN. I somehow got that impression. Mr. SCHARRENBERG. Well, there are some people who think so, of course. The CHAIRMAN. I ventured to suggest, a few weeks ago, that there were one or two amendments that ought to be added; and I soon found I was violating the laws of the Medes and Persians. Mr. SCHABBENBERG. The same American Federation of Labor convention that gave you such a high compliment for services rendered here, unanimously adopted an outline submitted by the executive council, containing amendments to the act; and we will come along in due time with amendments to the existing Labor Relations Board and to the new board, if in your wisdom you should create one. The CHAIRMAN. If these amendments were adopted, would any of the existing machinery or set-up of the National Labor Relations Board be used in carrying on the functions of this new board? Mr. SCHARRENBERG. No. The CHAIRMAN. It would be entirely separate? Mr. SCHARRENBERG. Entirely separate. The President will appoint three new men, and they will have their own organization and their own employees. One of the main reasons which we submit to you for an entirely new board is our hope that when and if such a board is appointed, it will be composed of persons who have some knowledge of maritime affairs and maritime labor troubles, and that they will |