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The United States Senate Select Committee on Improper Activities in Labor and Management (also known as the McClellan Committee) was a select committee created by the United States Senate on January 30, 1957,〔Hilty, James. ''Robert Kennedy: Brother Protector.'' Philadelphia: Temple University Press, 2000. ISBN 1-56639-766-9〕 and dissolved on March 31, 1960.〔("Chapter 18. Records of Senate Select Committees, 1789-1988." In ''Guide to the Records of the United States Senate at the National Archives, 1789-1989: Bicentennial Edition.'' (Doct. No. 100-42) Robert W. Coren, Mary Rephlo, David Kepley, and Charles South, eds. Washington, D.C.: National Archives and Records Administration, 1989. )〕 The select committee was directed to study the extent of criminal or other improper practices in the field of labor-management relations or in groups of employees or employers, and to suggest changes in the laws of the United States that would provide protection against such practices or activities.〔 It conducted 253 active investigations, served 8,000 subpoenas for witnesses and documents, held 270 days of hearings, took testimony from 1,526 witnesses (343 of whom invoked the Fifth Amendment), and compiled almost 150,000 pages of testimony.〔〔 At the peak of its activity in 1958, 104 persons worked for the committee.〔 The select committee's work led directly to the enactment of the Labor-Management Reporting and Disclosure Act (Public Law 86-257, also known as the Landrum-Griffin Act) on September 14, 1959.〔〔Witwer, David Scott. ''Corruption and Reform in the Teamsters Union.'' Urbana, Ill.: University of Illinois Press, 2003. ISBN 0-252-02825-2〕 ==Background and creation== In December 1952, Robert F. Kennedy was appointed assistant counsel for the Committee on Government Operations by the then-chairman of the committee, Senator Joseph McCarthy.〔Schlesinger, Arthur M., Jr. ''Robert Kennedy and His Times.'' Paperback ed. Ballantine Books, 1978. ISBN 0-345-41061-0〕〔Lee, R. Alton. ''Eisenhower & Landrum-Griffin: A Study in Labor-management Politics.'' Lexington, Ky.: University Press of Kentucky, 1990. ISBN 0-8131-1683-X〕 Kennedy resigned in July 1953,〔Robert Kennedy's resignation was prompted by concerns over the McCarthy committee's procedures, which he felt did not sufficiently protect the rights of witnesses and skirted both federal law and legal ethics. See: Schlesinger, ''Robert Kennedy and His Times,'' 1978; Schwartz, David G. ''Cutting the Wire: Gambling, Prohibition and the Internet.'' Las Vegas: University of Nevada Press, 2005. ISBN 0-87417-620-4〕 but rejoined the committee staff as chief minority counsel in February 1954.〔〔In the U.S. Congress, each committee in each chamber has its own budget and its own staff, which can vary widely depending on the committee's jurisdiction, size, and political importance. A small percentage of each committee's budget and staff are devoted to the institutional needs of the committee. The staff employed in this capacity are known as "committee staff," and are nonpartisan career employees. Under the rules established by the majority party in each chamber, the remaining budget and staff are allocated to the majority and largest minority party, respectively. These staff are known as "majority staff" and "minority staff," although many commentators refer to all committee staff as "committee staff" (leading to some confusion). The tradition of "firm party control" in the House of Representatives usually means that the majority party will control as much as 80 percent of a committee's staff and budget, while the minority party and nonpartisan committee staff control 10 percent each. In the Senate, the tradition of comity and unanimous consent has led to distribution of staff and budgetary resources on a basis closer to each party's representation in that chamber. There is wide variety in the titles and functions of committee, majority, and minority staff. As Chief Minority Counsel, Kennedy led a small legal staff employed to provide legal and strategic advice the minority party on the committee. See: Congressional Management Foundation. ''Setting Course: A Congressional Management Guide.'' Washington, D.C.: Congressional Management Foundation, 2008. 1930473117; Koempel, Michael L. and Schneider, Judy. ''Congressional Deskbook: The Practical and Comprehensive Guide to Congress.'' 5th ed. Washington, D.C.: TheCapitol.Net, Inc., 2007. ISBN 1-58733-097-0; Oleszek, Walter J. ''Congressional Procedures and the Policy Process.'' 7th paperback ed. Washington, D.C.: CQ Press, 2007. ISBN 0-87289-303-0〕 When the Democrats regained the majority in January 1955, Kennedy became the committee's chief counsel.〔〔 Soon thereafter, the Permanent Subcommittee on Investigations of the U.S. Senate Committee on Government Operations, under the leadership of Democratic Senator John L. McClellan (chair of the committee and subcommittee), began holding hearings into labor racketeering. Much of the Permanent Subcommittee's work focused on a scandal which emerged in 1956 in the powerful trade union, the International Brotherhood of Teamsters. In the mid-1950s, Midwestern Teamster leader Jimmy Hoffa began an effort to unseat Dave Beck, the union's international president. In October 1955, mobster Johnny Dio met with Hoffa in New York City and the two men conspired to create as many as 15 paper locals (fake local unions which existed only on paper) to boost Hoffa's delegate totals.〔"No Ordinary Hoodlum," ''New York Times,'' August 30, 1956.〕〔Loftus, Joseph A. "Top Beck Aide Links Hoffa to 'Phony' Teamster Locals." ''New York Times.'' August 20, 1957.〕 When the paper locals applied for charters〔Chartering is the process by which a local labor union becomes part of a larger regional, national, or international union. The charter is similar to a constitution, and establishes the membership requirements, work and/or geographical jurisdiction, and structure of the new local union. Early in American history, a parent union would issue a charter, and organize workers into the new union. Since the mid-20th century, more frequently unions have organized workers first and then issued a charter. See: Doherty, Robert Emmett. ''Industrial and Labor Relations Terms: A Glossary.'' 5th ed. Ithaca, N.Y.: Cornell University Press, 1989. ISBN 0-87546-152-2〕 from the international union, Hoffa's political foes were outraged.〔Katz, Ralph. "Teamsters' Union in Control Fight." ''New York Times.'' January 10, 1956.〕〔Raskin, A.H. "Teamster Units Stir New Storm." ''New York Times.'' February 4, 1956; Raskin, A.H. "Hoffa of the Teamsters Forcing Labor Showndown." ''New York Times.'' March 4, 1956.〕 A major battle broke out within the Teamsters over whether to charter the locals, and the media attention led to investigations by the U.S. Department of Justice and the Permanent Subcommittee on Investigations.〔Ranzal, Edward. "Inquiry Is Set Off By Lacey Charge." ''New York Times.'' March 24, 1956; Ranzal, Edward. "7 Teamster Units Face U.S. Inquiry." ''New York Times.'' March 30, 1956; Kihss, Peter. "Local Chartered With No Members." ''New York Times,'' April 25, 1956; Kihss, Peter. "Teamsters' Rules Appall U.S. Judge." ''New York Times.'' April 26, 1956; "Racketeer Is Guilty of Contempt." ''New York Times.'' May 10, 1956; Levey, Stanley. "Writ Restores Lacey As Teamster Leader." ''New York Times.'' May 13, 1956; "Dio Indicted Here In Union Sell-Out." ''New York Times.'' June 20, 1956; "Dio's Locals Face Charter Reviews." ''New York Times.'' June 21, 1956; Raskin, A.H. "Senators Study Dio Union Tie-In." ''New York Times.'' September 14, 1956; Roth, Jack. "Dio and Unionist Named Extorters." ''New York Times.'' October 30, 1956; "Teamsters Spurn 'Dio Local' Order." ''New York Times.'' December 5, 1956; "Lacey Will Defy Teamster Chief." ''New York Times.'' December 6, 1956; Raskin, A.H. "Dio 'Paper' Unions Offer First Dues." ''New York Times.'' December 13, 1956; Loftus, Joseph A. "Teamster Union Tied to Rackets." ''New York Times.'' January 6, 1957; Raskin, A.H. "O'Rourke Wins Post." ''New York Times.'' January 9, 1957.〕 Beck and other Teamster leaders subsequently challenged the authority of the Permanent Subcommittee to investigate the union by arguing that the Senate's Labor and Public Welfare Committee had jurisdiction over labor racketeering, not Government Operations.〔〔Loftus, Joseph A. "Teamsters Aide Balks at Inquiry on Union Rackets." ''New York Times.'' January 19, 1957; Raskin, A.H. "Teamsters Avoid Challenge to U.S." ''New York Times.'' January 24, 1957; Raskin, A.H. "Teamsters Seek Way to Avoid a Showdown." ''New York Times.'' January 27, 1957.〕 McClellan objected to the transfer of his investigation to the Labor Committee because he felt the Labor chairman, Senator John F. Kennedy, was too close to union leaders and would not thoroughly investigate organized labor.〔 To solve its jurisdictional and political problems, the Senate established on January 30, 1957, an entirely new committee, the Select Committee on Improper Activities in Labor and Management, and gave it broad subpoena and investigative powers.〔"New Senate Unit to Widen Inquiry In Labor Rackets." ''New York Times.'' January 24, 1957; "Teamster Study Is 3 Months Old." ''New York Times.'' May 26, 1957; "Senate Votes Inquiry on Labor Rackets." ''New York Times.'' January 31, 1957.〕 The new select committee was given a year to complete its work,〔"M'Clellan Asks Funds." ''Associated Press.'' January 14, 1958.〕 and charged with studying the extent of criminal or other improper practices in the field of labor-management relations or in groups of employees or employers. Half the membership was drawn from the Committee on Government Operations and half from the Committee on Labor and Public Welfare.〔 McClellan, Ervin, McCarthy, and Mundt were drawn from Government Operations, and Kennedy, McNamara, Ives, and Goldwater from Labor.〔 An equal number of Democrats and Republicans sat on the Select Committee.〔"M'Clellan Panel Keeps Party Ratio." ''Associated Press.'' January 23, 1959.〕 Senator McClellan was named chair of the Select Committee, and Republican Senator Irving Ives of New York vice chair.〔〔Savage, Sean. ''JFK, LBJ, and the Democratic Party.'' Albany, N.Y.: SUNY Press, 2004. ISBN 0-7914-6169-6〕 Democrats and liberals, primarily, criticized the committee for not having a neutral attitude toward labor. Only three of the committee's eight members looked on organized labor favorably, and only one of them (Senator Patrick McNamara) was strongly pro-labor.〔〔〔Arnesen, Eric. ''Encyclopedia of U.S. Labor and Working-Class History.'' Boca Raton, Fla.: CRC Press, 2006. ISBN 0-415-96826-7〕〔Buffa, Dudley W. ''Union Power and American Democracy: The UAW and the Democratic Party, 1935-72.'' Ann Arbor, Mich.: University of Michigan Press, 1984. ISBN 0-472-10042-4〕 The committee's other five members were strongly pro-management, and that included the Select Committee's Southern conservative chair,〔Salinger, Pierre. ''P. S.: A Memoir.'' New York: Macmillan, 2001. ISBN 0-312-30020-4〕 John L. McClellan.〔〔〔 McClellan hired Robert F. Kennedy as the subcommittee's chief counsel and investigator.〔 Kennedy, too, did not have a neutral opinion of labor unions. Appalled by stories he had heard about union intimidation on the West Coast, Kennedy undertook the chief counsel's job determined to root out union malfeasance and with little knowledge or understanding of or even concern over management misbehavior.〔 The biases of the Select Committee members and its chief counsel, some observers concluded, led the committee to view corruption in labor-management relations as a problem with unions, not management, and management as nothing more than a victim.〔 Senator McClellan gave Robert Kennedy extensive control over the scheduling of testimony, areas of investigation, and questioning of witnesses.〔〔Phillips, Cabell. "The McClellan-Kennedy Investigating Team." ''New York Times.'' March 17, 1957.〕 This suited McClellan, a conservative Democrat and opponent of labor unions: Robert Kennedy would take the brunt of organized labor's outrage, while McClellan would be free to pursue an anti-labor legislative agenda once the hearings began to draw to a close.〔〔 Republican members of the Select Committee voiced strong disagreement with McClellan's decision to let Kennedy set the direction for the committee and ask most of the questions, but McClellan largely ignored their protests.〔 Robert Kennedy proved to be an inexpert interrogator, fumbling questions and engaging in shouting matches with witnesses rather than laying out legal cases against them.〔〔〔〔Goldfarb, Ronald L. ''Perfect Villains, Imperfect Heroes: Robert F. Kennedy's War Against Organized Crime.'' Reprint ed. Sterling, Va." Capital Books, 2002. ISBN 1-931868-06-9〕〔O'Brien, Michael. ''John F. Kennedy: A Biography.'' New York: Macmillan, 2006. ISBN 0-312-35745-1〕〔Mills, Judie. ''Robert Kennedy: His Life.'' Minneapolis, Minn.: Twenty-First Century Books, 1998. ISBN 1-56294-250-6〕〔Talbot, David. ''Brothers: The Hidden History of the Kennedy Years.'' New York: Simon and Schuster, 2007. ISBN 0-7432-6918-7〕〔Newfield, Jack. ''RFK: A Memoir.'' New York: Nation Books, 2003. ISBN 1-56025-531-5〕〔Thomas, Evan. ''Robert Kennedy: His Life.'' Reprint ed. New York: Simon and Schuster, 2002. ISBN 0-7432-0329-1〕〔Clarke, Thurston. ''The Last Campaign: Robert F. Kennedy and 82 days That Inspired America.'' New York: Macmillan, 2008. ISBN 0-8050-7792-8〕 McClellan and Kennedy's goal had been to refer nearly all their investigations to the Justice Department for prosection, but the department refused to do so because it concluded that nearly all the legal cases were significantly flawed.〔〔Malcolm Anderson, the Assistant U.S. Attorney in charge of the Justice Department's Criminal Division, told Kennedy in a letter made available to the news media "that of the fourteen cases that the committee has referred to the departments as involving perjury, eight have been closed after investigation and study because the evidence failed to substantiate the allegations, and that the committee was so advised." See: "Rogers Defended on Prosecutions." ''Associated Press.'' September 15, 1958.〕 A frustrated Robert Kennedy publicly complained about the Justice Department's decisions in September 1958.〔〔"Rogers Assailed for Delay In Rackets Perjury Cases." ''Associated Press.'' September 14, 1958; "Kennedy Asks U.S. Cleanup of Teamsters." ''Chicago Daily Tribune.'' September 22, 1958.〕 Chief Counsel Kennedy resolved to investigate a wide range of labor unions and corporations, including the International Brotherhood of Teamsters, the United Auto Workers (UAW), Anheuser-Busch, Sears, and Occidental Life Insurance.〔 The Select Committee also established formal liaisons with the Federal Bureau of Investigation (FBI), Internal Revenue Service, Federal Narcotics Bureau, Department of Labor, and other federal agencies as well as state and local offices and officials involved in law enforcement.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「United States Senate Select Committee on Improper Activities in Labor and Management」の詳細全文を読む スポンサード リンク
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