Executive Order 10233—Amending Executive Order 10161 with Respect to Wage Stabilization and Settlement of Labor Disputes

WHEREAS the maintenance of wage stabilization under the Defense Production Act of 1950 is essential at this time in the interest of the national defense; and

WHEREAS the maintenance of effective wage stabilization imposes limitation on the processes of free collective bargaining, making necessary the development of machinery to facilitate the settlement of labor disputes in conjunction with the administration of wage stabilization; and

WHEREAS on April 17, 1951, the National Advisory Board on Mobilization Policy made the following recommendation to the President:

"1. The Wage Stabilization Board shall be reconstituted as an 18 man tripartite Board with six representing the public, six representing management, and six representing labor.

"2. The reconstituted Wage Stabilization Board shall be empowered to assume jurisdiction of any labor dispute which is not resolved by collective bargaining or by the prior full use of conciliation and mediation facilities and which threatens an interruption of work affecting the national defense where:

"(i) the parties to any such dispute jointly agree to submit such dispute to the Board, or

"(ii) The President is of the opinion that the dispute is of a character which substantially threatens the progress of national defense and certifies such dispute to the Board.

"3. In any such case certified to the Board by the President or in any such case where the parties jointly agree to submit the case to the Board for their recommendations, the Board shall investigate and inquire into the issues in dispute and promptly report to the President thereon with their recommendations to the parties as to fair and equitable terms of settlement.

"4. In any such case where the parties jointly agree to be bound by the decision of the Board, the Board shall render a decision on the issues in dispute which decision shall be binding on the parties."

AND WHEREAS I deem it necessary and desirable that such recommendation be carried out,

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statues, including the Defense Production act of 1950, and as President of the United States and Commander-in-Chief of the armed forces, it is hereby ordered as follows:

SECTION 1. Part IV of Executive Order No. 10161 of September 9, 1950, is hereby amended by revoking sections 403 and 404 thereof and by inserting after section 402 thereof the following new sections:

SEC. 403. (a) There shall be in the Agency a Wage Stabilization Board (hereafter in this Part referred to as the Board) composed of eighteen members who shall be appointed by the President. Six of the members so appointed shall be representative of the public, six shall be representative of labor and six shall be representative of business and industry There shall be a chairman and a vice chairman of the Board, each of whom shall be designated by the President from among the members representative of the public.

(b) In addition to the functions assigned to it by the provisions of the following sections of this Part Iv, the Board shall perform such other functions with respect to wage stabilization as may be determined by the Administrator after consultation with the Board.

SEC. 404. To the maximum extent consistent with the maintenance of effective economic stabilization, the provisions of this Part shall be administered in such a way as to preserve collective bargaining between labor and management.

SEC. 405. The Board may assume jurisdiction of any labor dispute which is not resolved by collective bargaining or by the prior full use of conciliation and mediation facilities and which threatens an interruption of work affecting the national defense where:

(a) The parties to any such dispute jointly agree to submit such dispute to the Board for recommendation or decision, if the Board agrees to accept such dispute, or

(b) The President is of the opinion that the dispute is of a character which substantially threatens the progress of national defense and refers such dispute to the Board.

SEC. 406. In any case referred to the Board by the President under section 405 the Board shall investigate and inquire into the issues in dispute and promptly report to the President thereon with its recommendations to the parties as to fair and equitable terms of settlement.

SEC. 407. In any case where the parties jointly agree to submit the case to the Board for its recommendations under section 405, the Board shall investigate and inquire into the issues in dispute and shall advise the parties of its recommendations for fair and equitable terms of settlement.

SEC. 408. In any case submitted or referred to the Board under section 405 where the parties jointly agree to be bound by the decision of the Board, the Board shall render a decision on the issues in dispute, which decision shall be binding on the parties.

SEC. 409. Any wage action taken by the Board with respect to any case submitted or referred to it under section 405 shall be consistent with stabilization policies.

SEC. 410. Such panels and subsidiary agencies of the Board as may be deemed necessary may be constituted under this Part, and in order to carry out its functions under this Executive Order, the Board may promulgate rules, regulations, orders, and directives.

SEC. 2. All orders, regulations, rules, certificates, directives, and other actions relating to any function affected by the amendment made by the provisions of section 1 of this Executive Order (including the appointments of members of the Board in office on the date hereof) shall remain in effect except as they are inconsistent herewith or are hereafter amended, revoked, or terminated under proper authority.

SEC. 3. Nothing in this Executive Order shall be deemed to supersede any provision of Executive Order No. 10193 of December 16, 1950.

SEC. 4. No action inconsistent with the provisions of the Fair Labor Standards Act of 1938, as amended, other Federal labor standards statutes, the Labor-Management Relations Act, 1947, or with other applicable laws shall be taken under this Executive Order.

HARRY S. TRUMAN

THE WHITE HOUSE,

April 21, 1951