compliance. I am just wondering your own attitude about what kind of stress you place, if you find that these negotiations are for one reason or another not moving along or not filling the requirements of the regulations. Are you going to be willing to proceed with the sanctions which are suggested in the regulations, including the sanctions of no contracts? And there are other kinds of sanctions which are in the regulations. I think the record has shown quite clearly there have been very few instances where there has been a halting of the granting of contracts, even after a cause decision has been found by the EEOC, for example. Will you have any hesitancy whatsoever to halt the granting of these contracts, if there isn't the kind of strong affirmative action program? Mr. FLETCHER. I think I can answer that very briefly, Senator. The feeling from the grassroots areas where I have been operating for the past several years, the attitude is one of disparagement, shall we say, as far as the Office of Federal Contract and Compliance is concerned. Speaking of one minority group alone, the black community, doesn't have a very high opinion of the Office of Contract Compliance because of the things that you have cited. Now, in answer to your question, to the extent that I have the authority to be involved and to see to it that we get commitments that are consistent with what now exists, I will leave no stone unturned in that effort. Is that a satisfactory answer? The CHAIRMAN. Senator Schweiker. Senator SCHWEIKER. Thank you, Mr. Chairman. With the Chairman's permission, I would like to read a telegram from the Reverend Leon Sullivan of the Opportunities Industrialization Center in Philadelphia. He is the founder and leader of OIC and a very outstanding Pennsylvanian and he states: It is my understanding that Arthur Fletcher, Assistant Secretary of Labor designate, will appear before the Senate Committee on Labor and Public Welfare, of which you are a member. I have known Mr. Fletcher for some time and am familiar with his work in manpower and community development in the State of Washington and I have been impressed with his commitment to the problems of labor and his capability to perform in the areas that he is to be considered. Your support of Mr. Fletcher will be an asset to the Department of Labor and to the goals of Congress. Reverend Leon Sullivan. I would like to add my strong support to his nomination. The CHAIRMAN. Senator Cranston. Senator CRANSTON. I have no questions. The CHAIRMAN. Mr. Fletcher, I direct there be printed in the record at this point, the copy of the order of the Secretary of Labor of July 21, 1967, the Secretary's Order No. 15-67, delegation of authority and assignment of responsibility for wage and labor standards program and establishment of the Wage and Labor Standards Administration, which really sets out the duties of your assistant secretaryship. There are seven pages of detailed duties delegated. I want also to add these letters and telegrams in support of your confirmation. (The documents referred to follow :) Subject: Delegation of Authority and Assignment of Responsibility for Wage and Labor Standards Programs and the Establishment of a Wage and Labor Standards Administration. 1. Purpose. This Order delegates to the Assistant Secretary for Wage and Labor Standards the authority vested in the Secretary of Labor for wage and labor standards programs and establishes a Wage and Labor Standards Administration (WLSA). 2. Background.-Working and living conditions are reflective of society's values. These conditions should meet the needs of workers and their families within the capacity of society to provide them and they should be ever-changing. The demands of a rapidly growing population, an ever-changing technology, new techniques of competition, and growing affluence must be taken into account in updating our basic concepts of adequate working and living conditions. A comprehensive and integrated program concerned with working and living conditions, together with already established and integrated programs of manpower, labormanagement relations, and labor statistics will better enable the Department of Labor to meet the needs of workers and their families and thus carry out its Congressional mandate. There is need for one body in the Federal Government to monitor and identify all of the working and living conditions problems and needs of workers (including problems as consumers) and to initiate or to get other agencies to initiate apprepriate action to deal with these problems and needs. The WLSA is suited to perform this role. The bureaus that make up the Administration have an interest and responsibility for equal pay, child labor, safety and occupational health, workmen's compensation, enforcement practices and research. A single supervisor will improve the administration and coordination of these activities and ensure more consistency and compatability among the program activities of the several bureaus. 3. Wage Labor Standards Administration a. There is hereby established in the Department of Labor a Wage and Labor Standards Administration (WLSA) composed of the following organizations: (1) Bureau of Labor Standards (LSB) (2) Women's Bureau (WB) (3) Bureau of Employees' Compensation (BEC) (4) Employees' Compensation Appeals Board (ECAB) b. The WLSA shall be headed by the Assistant Secretary for Wage and Labor Standards who shall report to the Secretary of Labor. The Assistant Secretary shall also serve as Administrator, Wage and Labor Standards Administration. e. The Department of Labor Consumer Program Adviser is hereby transferred to the Assistant Secretary for Wage and Labor Standards. 4. Planning and Personnel Administration a. Planning A planning unit is hereby established, headed by a Director who shall report to the Administrator. It is to be staffed by personnel selected by the Administrator from LSB, WB, and BEC for a one to two year period. The Planning Urit will have responsibility for: (1) Preparing special studies that relate to the programs of all bureaus in the WLSA. (2) Reviewing materials submitted by bureaus in the WLSA and compiling program memoranda. (3) Developing with constituent bureaus and WHPC a wage and labor standards research program which will be carried out by the bureaus and WHPC, as appropriate. (4) Performing such other planning activities as the Administrator may assign. b. Personnel Administration Personnel services and activities, including employee training and utilization but excluding the training function in BEC, will be performed for all of the bureaus within WLSA by Central Personnel Services (CPS) in OASA. Personrel performing these functions as of this date in bureaus of WLSA will be assigned to CPS. They will remain on the rolls of their bureaus but will be physically located in CPS offices and will be under the direction and supervision of the head of CPS. 5. Delegation of Authority and Assignment of Responsibilities a. The Assistant Secretary-Administrator of the Wage and Labor Standards Administration is hereby delegated authority and assigned responsibility, except as hereinafter provided, for carrying out the Department's wage and labor standards programs and activities including the functions to be performed by the Secretary of Labor under: (1) Safety and child labor standards of the Fair Labor Standards Act (FLSA) of 1938, as amended. (2) Safety provisions of the Walsh-Healy Public Contracts Act, as amended. (3) Safety provisions of the McNamara-O'Hara Service Contracts Act of 1965. (4) The Equal Pay Act of 1963 consistent with the provisions of Secretary's Order 23-64. (5) The Longshoremen's and Harbor Workers' Compensation Act, as amended. (6) Federal Employees' Compensation Act of 1916, as amended (P.L. 64-267). (7) Safety provisions of the Arts and Humanities Act (P.L. 89-209). (9) The Act of 1920 establishing a Women's Bureau (P.L. 66-259). (11) Executive Order 10990-Federal Safety Council. (12) Executive Order 11126 as amended by Executive Order 11221– Status of Women. (13) Section 2 of the Reorganization Plan No. 10 of 1950 relating to the Employee's Compensation Appeals Board. (14) Executive Order 11136 as amended-President's Committee on Consumer Interests and the Consumer Advisory Committee. b. In carrying out the authority and responsibility assigned in paragraph 5a above the Assistant Secretary-Administrator shall perform the following functions: Policy (1) Developing and recommending to the Secretary or establishing policy with respect to the programs authorized by the laws and Executive Orders listed in paragraph 5a above, interrelating wage and labor standards policies with other policies, and recommending new legislation. Planning (2) Establishing planning goals designed to meet the needs determined as a result of an analysis of social and economic problems in the wage and labor standards area and recommending goals to the Secretary. (3) Reviewing and approving program memoranda for submission to the Secretary for Program Category IV (Wage and Labor Standards which includes WHPC and the Solicitor's wage determination activities) and to the Assistant Secretary for Manpower for that part of Program Category III (Income Maintenance) for which responsible in accordance with the Department's Management System (DMS). Programming (4) Reviewing and approving programs and program objectives designed to achieve planning goals. Budgeting (5) Reviewing and approving or recommending, as appropriate, program and financial plans for those parts of Program Category III and Program Category IV of the DMS within the area of assigned responsibility. (6) Reviewing and recommending budgets and approving financial allocations for programs within the area of assigned responsibility. Executing Programs (7) Providing general guidance and leadership to the execution of programs and supervising the Directors of BEC, LSB and the WB and the Chairman of the ECAB. (8) Monitoring and controlling program activities and funds or otherwise assuring that controls or activity reports focus the attention on problems requiring analysis and on decisions that must be made or actions that must be taken. (9) Reviewing and recommending to the Secretary, or approving an appropriate organization structure necessary for executing programs consistent with the provisions of Chapter 4-200 of the Manual of Administration including: (a) Arranging the formal relationships among persons in various parts of the organization, (b) Establishing positions, shaping individual key jobs and assigning duties, and (c) Monitoring the development of methods and procedures by which the work of the WLSA will be carried on. (10) Planning personnel requirements and staffing the organization to execute programs including: (a) Allocating or recommending grades for key positions and monitoring the allocation of grades by the WLSA bureau Directors. (b) Monitoring the determination of skills needed to perform the work of the organization. (c) Monitoring the recruitment and qualification evaluation of candidates to fill positions, and (d) Monitoring the selection and appointment of personnel. (11) Guiding and leading the execution of programs by: (a) Making decisions and taking action on wage and labor standards programs and policy or recommending action or policies for decision as appropriate. (b) Assuring that training and development programs are provided for executives, supervisors, professional and other employees. (c) Assuring that performance objectives are established for all employees. (d) Assuring that information, facilities and equipment needed by employees to perform effectively are provided, and (e) Communicating policies and instructions as necessary for carrying out responsibilities assigned by this Order. (12) Issuing such rules, regulations, and interpretations as are required to carry out the responsibilities delegated herein. The procedures for preparing rules, regulations and interpretations will be worked out by the Assistant SecretaryAdministrator with the Solicitor. (13) Recommending to the Secretary the bringing of legal proceedings in the courts. (14) Providing policy and technical guidance and assistance in wage and labor standards matters to all administrations and separate bureaus and offices of the Department of Labor. (15) Redelegating such authority as may be delegated by the Secretary of Labor except as such delegation may be specifically limited. Reviewing and Analyzing Performance and Production (16) Reviewing and consolidating quarterly review and analysis reports submitted by WLSA bureaus and those external bureaus and offices responsible for programs under Category IV of the DMS. (17) Evaluating through special studies or other methods the effectiveness of programs in relations to goals. (18) Making or directing, or as appropriate recommending, changes in plans and programs and performance as indicated by review and analysis reports and evaluations of effectiveness. External Relations (19) Assisting the Secretary in presenting the Department's interests and policies to the Congress, other Government agencies and to the public. c. The Solicitor shall have responsibility for providing legal advice and assistance to the Assistance Secretary-Administrator relating to the laws and Executive Orders listed in paragraph 5a above and the regulations thereunder, and as pertinent, for making recommendations to the Assistant Secretary-Administrator in each case whether legal proceedings are appropriate. 6. Reservation of Authority and Exemption— a. The following functions shall be performed by the Secretary of Labor: (1) Submission of reports and recommendations to the Congress. (2) Bringing of legal proceedings under the laws and Executive Orders listed in paragraph 5a above. b. The ECAB and the BEC are exempt from the provisions of this Order in the exercise of their quasi-judicial functions. 7. Directives Affected.-This Order cancels Secretary's Orders Nos. 34-65 and 12-66. 8. Effective Date.-This Order is effective immediately. Hon. RALPH YARBOROUGH, ATLANTIC RICHFIELD HANFord Co., Chairman, Committee on Labor and Public Welfare, DEAR SENATOR YARBOROUGH: I understand that on Tuesday, April 15, 1969, Mr. Art Fletcher is to appear before the Senate Labor and Public Welfare Committee for a confirmation hearing. I have worked closely with Art Fletcher in the Tri-Cities area of Richland, Kennewick and Pasco, Washington, and have found him to be a brilliant and effective worker in the cause of getting a better understanding and more productive relationships between minority and majority persons in industry. Mr. Fletcher was very helpful in establishing our recruiting of minority employees. He possesses great ability to communicate effectively with all levels of business and community segments. He was a driving force in setting up the Merit Employment Council in the Tri-Cities area which has been most effective in acting as a channel for placement of minority employees. He has received the plaudits of all levels of management as the result of interplant counselling that he has done on both an individual and a group basis to further understanding of the minority problems. I believe Art Fletcher would serve in the recommended position with dignity, dedication and wisdom. Sincerely yours, Senator RALPH YARBOROUGH, JOHN M. SCHULTZ. SAN FRANCISCO, CALIF., April 12, 1969. Members of Black Alliance West, an organization of Black Federal employees primarily engaged in Civil Rights compliance in regional offices of Federal agencies located in the San Francisco Bay area heartily recommend confirmation of President Nixon's nomination of Mr. Arthur Fletcher as assistant Secretary of Labor for Wage and Labor Standards. Secretary of Labor Shultz has announced that the office of Federal contract compliance will be under Mr. Fletcher's administrative responsibility. Mr. Fletcher possesses the talents and integrity which this very crucial position demands. We believe he is an excellent choice. (Mrs.) CHARLOTTE LEWIS Acting Secretary, Black Alliance West, 839 Washington Avenue, Albany, Calif. 94706. |