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
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on January 30, 1957
[Hilty, James. ''Robert Kennedy: Brother Protector.'' Philadelphia: Temple University Press, 2000. ] and dissolved on March 31, 1960.
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 recommend 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
The Labor Management Reporting and Disclosure Act of 1959 (also "LMRDA" or the Landrum–Griffin Act), is a US labor law that regulates labor unions' internal affairs and their officials' relationships with employers.
Background
After enactmen ...
(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. ]
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
Joseph Raymond McCarthy (November 14, 1908 – May 2, 1957) was an American politician who served as a Republican Party (United States), Republican United States Senate, U.S. Senator from the state of Wisconsin from 1947 until his death at age ...
.
[Schlesinger, Arthur M., Jr. ''Robert Kennedy and His Times.'' Paperback ed. Ballantine Books, 1978. ][Lee, R. Alton. ''Eisenhower & Landrum-Griffin: A Study in Labor-management Politics.'' Lexington, Ky.: University Press of Kentucky, 1990. ] Kennedy resigned in July 1953, but rejoined the committee staff as chief minority counsel in February 1954.
When the Democrats regained the majority in January 1955, Kennedy became the committee's chief counsel.
Soon thereafter, the
Permanent Subcommittee on Investigations
The Permanent Subcommittee on Investigations (PSI), stood up in March 1941 as the "Truman Committee," is the oldest subcommittee of the United States Senate Committee on Homeland Security and Governmental Affairs (formerly the Committee on Govern ...
of the
U.S. Senate Committee on Government Operations
The United States Senate Committee on Homeland Security and Governmental Affairs is the chief oversight committee of the United States Senate. It has jurisdiction over matters related to the Department of Homeland Security and other homeland sec ...
, under the leadership of
Democratic Senator
John L. McClellan of
Arkansas
Arkansas ( ) is a landlocked state in the West South Central region of the Southern United States. It borders Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, Texas to the southwest, and Oklahoma ...
(chair of the committee and subcommittee), began holding hearings into
labor racketeering (
labor
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
,
racketeering
Racketeering is a type of organized crime in which the perpetrators set up a coercion, coercive, fraud, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit. ...
).

Much of the Permanent Subcommittee's work focused on a scandal which emerged in 1956 in the powerful
trade union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
, the
International Brotherhood of Teamsters
The International Brotherhood of Teamsters (IBT) is a labor union in the United States and Canada. Formed in 1903 by the merger of the Team Drivers International Union and the Teamsters National Union, the union now represents a diverse members ...
. In the mid-1950s,
Midwestern
The Midwestern United States (also referred to as the Midwest, the Heartland or the American Midwest) is one of the four census regions defined by the United States Census Bureau. It occupies the northern central part of the United States. It ...
Teamster leader
Jimmy Hoffa began an effort to unseat
Dave Beck
David Daniel Beck (June 16, 1894December 26, 1993) was an American labor leader, and president of the International Brotherhood of Teamsters from 1952 to 1957. He helped found the "Conference" system of organization in the Teamsters union, and ...
, the union's international president. In October 1955, mobster
Johnny Dio met with Hoffa in
New York City
New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
and the two men conspired to create as many as 15
paper locals (fake
local union
A local union (often shortened to local), in North America, or union branch (known as a lodge in some unions), in the United Kingdom and other countries, is a local branch (or chapter) of a usually national trade union. The terms used for sub-bran ...
s which existed only on paper) to boost Hoffa's delegate totals.
When the paper locals applied for charters from the international union, Hoffa's political foes were outraged.
[Katz, Ralph. "Teamsters' Union in Control Fight." ''New York Times.'' January 10, 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
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government that oversees the domestic enforcement of federal laws and the administration of justice. It is equi ...
and the Permanent Subcommittee on Investigations.
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.
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. 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. ] 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. ] The committee's other five members were strongly pro-management, and that included Senator McClellan.
[Salinger, Pierre. ''P. S.: A Memoir.'' New York: Macmillan, 2001. ] McClellan hired
Robert F. Kennedy, a 31-year-old attorney from
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
, 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 testimonies, areas of investigation, and questioning of witnesses.
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. ][O'Brien, Michael. ''John F. Kennedy: A Biography.'' New York: Macmillan, 2006. ][Mills, Judie. ''Robert Kennedy: His Life.'' Minneapolis, Minn.: Twenty-First Century Books, 1998. ][Talbot, David. ''Brothers: The Hidden History of the Kennedy Years.'' New York: Simon and Schuster, 2007. ][Newfield, Jack. ''RFK: A Memoir.'' New York: Nation Books, 2003. ][Thomas, Evan. ''Robert Kennedy: His Life.'' Reprint ed. New York: Simon and Schuster, 2002. ] McClellan and Kennedy's goal had been to refer nearly all their investigations to the Justice Department for prosecution, but the department refused to do so because it concluded that nearly all the legal cases were significantly flawed.
A frustrated Robert Kennedy publicly complained about the Justice Department's decisions in September 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
The United Auto Workers (UAW), fully named International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, is an American labor union that represents workers in the United States (including Puerto Rico) and sou ...
(UAW),
Anheuser-Busch
Anheuser-Busch Companies, LLC ( ) is an American brewing company headquartered in St. Louis, Missouri. Since 2008, it has been wholly owned by Anheuser-Busch InBev SA/NV (AB InBev), now the world's largest brewing company, which owns multiple ...
,
Sears
Sears, Roebuck and Co., commonly known as Sears ( ), is an American chain of department stores and online retailer founded in 1892 by Richard Warren Sears and Alvah Curtis Roebuck and reincorporated in 1906 by Richard Sears and Julius Rosen ...
, and
Occidental Life Insurance.
The Select Committee also established formal liaisons with the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
(FBI),
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administerin ...
,
Federal Narcotics Bureau,
Department of Labor
A ministry of labour (''British English, UK''), or labor (''American English, US''), also known as a department of labour, or labor, is a government department responsible for setting labour standards, labour dispute mechanisms, employment, workfor ...
, and other federal agencies as well as state and local offices and officials involved in law enforcement.
Investigations
The Select Committee focused its attention for most of 1957 on the Teamsters union. Teamsters President Dave Beck fled the country for a month to avoid its subpoenas before returning in March 1957. The Select Committee had a difficult time investigating the Teamsters. Four of the paper locals were dissolved to avoid committee scrutiny, several Teamster staffers provided verbal testimony which differed substantially from their prior written statements (the Select Committee eventually charged six of them with
contempt of Congress), and union records were lost or destroyed (allegedly on purpose). In Oregon, ''
The Oregonian
''The Oregonian'' is a daily newspaper based in Portland, Oregon, United States, owned by Advance Publications. It is the oldest continuously published newspaper on the West Coast of the United States, U.S. West Coast, founded as a weekly by Tho ...
'' newspaper ran a series of investigative pieces that earned reporters a
Pulitzer Prize
The Pulitzer Prizes () are 23 annual awards given by Columbia University in New York City for achievements in the United States in "journalism, arts and letters". They were established in 1917 by the will of Joseph Pulitzer, who had made his fo ...
, and prosecutors indicted about 30 people. Working with the FBI, the Select Committee electrified the nation when on February 22, 1957, wiretaps were played in public before a national television audience in which Dio and Hoffa discussed the creation of even more paper locals, including the establishment of a paper local to organize New York City's 30,000 taxi cab drivers and use the charter as a means of extorting money from a wide variety of employers. The 1957 hearings opened with a focus on corruption in Portland, Oregon, and featured the testimony of Portland crime boss
Jim Elkins.
With the support of 70 hours of taped conversations, Elkins described being approached by two Seattle gangsters about working with the Teamsters to take over Portland vice operations. The colorful testimony brought the committee's investigations national media attention from the outset.
[ As 1.2 million viewers][Bernstein, Lee. ''The Greatest Menace: Organized Crime in Cold War America.'' Cambridge, Mass.: ]University of Massachusetts Press
The University of Massachusetts Press is a university press that is part of the University of Massachusetts Amherst. The press was founded in 1963, publishing scholarly books and non-fiction. The press imprint is overseen by an interdisciplinar ...
, 2002. watched on live television, evidence was unearthed over the next few weeks of a mob-sponsored plot in which Oregon Teamsters unions would seize control of the state legislature, state police
State police, provincial police or regional police are a type of sub-national territorial police force found in nations organized as federations, typically in North America, South Asia, and Oceania. These forces typically have jurisdiction o ...
, and state attorney general's office through bribery, extortion and blackmail. On March 14, 1957, Jimmy Hoffa was arrested for allegedly trying to bribe an aide to the Select Committee. Hoffa denied the charges (and was later acquitted), but the arrest triggered additional investigations and more arrests and indictments over the following weeks. Less than a week later, Beck admitted to receiving an interest-free $300,000 loan from the Teamsters which he had never repaid, and Select Committee investigators claimed that loans to Beck and other union officials (and their businesses) had cost the Teamsters more than $700,000. Beck appeared before the Select Committee for the first time on March 25, 1957, and notoriously invoked his Fifth Amendment right against self-incrimination 117 times. Beck was called before the McClellan Committee again in May 1957, and additional interest-free loans and other potentially illegal and unethical financial transactions exposed. Based on these revelations, Beck was indicted for tax evasion on May 2, 1957.
The Beck and Hoffa hearings generated strong criticisms of Robert Kennedy. Many liberal critics said he was a brow-beater, badgerer, insolent, overbearing, intolerant, and even vicious.[Shesol, Jeff. ''Mutual Contempt: Lyndon Johnson, Robert Kennedy, and the Feud That Defined a Decade.'' New York: W. W. Norton & Company, 1998. ; Richardson, Darcy G. ''A Nation Divided: The 1968 Presidential Campaign.'' Bloomington, Ind.: iUniverse, 2001. ] Hoffa and other witnesses often were able to anger Kennedy to the point where he lost control, and would shout and insult them. Supreme Court Justice William O. Douglas
William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1939 to 1975. Douglas was known for his strong progressive and civil libertari ...
, one of Robert Kennedy's mentors and a close friend, criticized Kennedy for presuming the guilt of anyone who exercised his Fifth Amendment rights. Noted attorney Edward Bennett Williams
Edward Bennett Williams (May 31, 1920 – August 13, 1988) was an American lawyer, businessman, and sports team owner. He received his undergraduate degree from the College of the Holy Cross before studying law at Georgetown University. He worke ...
accused the Select Committee of bringing witnesses into executive session, ascertaining that they would exercise their Fifth Amendment rights, and then force them to return in public and refuse to answer questions—merely to generate media attention. The '' Chicago American'' newspaper so strongly criticized Robert Kennedy for his overbearing, zealous behavior during the hearings that a worried Joseph P. Kennedy Sr. rushed to Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
to see for himself if Robert Kennedy was endangering John Kennedy's political future.
During much of the summer and fall of 1957, the Select Committee investigated corruption in the Bakery Workers Union, United Textile Workers, Amalgamated Meat Cutters Union, and Transport Workers Union. In the late fall, the committee focused its attention on union-busting, and examined the behavior of companies such as Morton Packing Company, Continental Baking Company, and Sears, Roebuck and Company
Sears, Roebuck and Co., commonly known as Sears ( ), is an American chain of department stores and online retailer founded in 1892 by Richard Warren Sears and Alvah Curtis Roebuck and reincorporated in 1906 by Richard Sears and Julius Rosen ...
.
While continuing to investigate and hold hearings on other unions and corporations, the McClellan Committee also began to examine the behavior of Jimmy Hoffa and other Teamsters officials. Senator McClellan accused Hoffa of attempting to gain control of the nation's economy and set himself up as a sort of private government. The Select Committee also accused Hoffa of instigating the creation of the paper locals, and of arranging for a $400,000 loan to the graft-ridden International Longshoremen's Association in a bid to take over that union and gain Teamsters control of the waterfront as well as warehouses. Johnny Dio, who by late summer 1957 was in prison serving time on bribery
Bribery is the corrupt solicitation, payment, or Offer and acceptance, acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official ...
and conspiracy
A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
charges, was paroled by a federal court in order to testify at the Select Committee's hearings. But in a two-hour appearance before the Select Committee, Dio invoked his Fifth Amendment right against self-incrimination 140 times, and refused to answer any of the committee's questions. But despite the problems encountered in interrogating Dio, the Select Committee developed additional testimony and evidence alleging widespread corruption in Hoffa-controlled Teamster units was presented in public in August 1957. The worsening corruption scandal led the AFL-CIO to eject the Teamsters on December 6, 1957.
As the Hoffa hearings occurred in August 1957, the Select Committee met in executive session to restructure its organizations and set its agenda for the future. The Select Committee had succeeded in securing the removal of Beck as Teamsters president and seemed on the verge of sending Jimmy Hoffa to jail as well, but the committee had also been strongly criticized for its handling of witnesses and its apparent one-sidedness in exposing union but not management corruption. To guide the Select Committee's investigations in the future, McClellan established a set of eleven areas of investigation for the committee, nine of which involved labor misdeeds and only one of which involved management misbehavior (preventing workers from organizing unions). The management-oriented area came last on the committee's list of priorities, and there were no staff assigned to investigate the issue.
Under the new guidelines, the Select Committee's schedule of hearings slowed. In January 1958, Chairman McClellan asked for and received permission from the Senate to extend the deadline for completing the committee's work for another year. For a short time early in the year, the Select Committee investigated the International Union of Operating Engineers, and uncovered a limited financial scandal at the top of the union. But the main focus of the committee for the first half of the year was the United Auto Workers. Republicans on the Select Committee, notably Barry Goldwater, had for several months in late 1957 accused Robert Kennedy of covering up extensive corruption in the UAW. The Republicans pointed to a lengthy, ongoing, and sometimes violent strike which the UAW was conducting against the Kohler plumbing fixtures company in Wisconsin. Walter Reuther
Walter Philip Reuther (; September 1, 1907 – May 9, 1970) was an American leader of organized labor and civil rights activist who built the United Automobile Workers (UAW) into one of the most progressive labor unions in American history. He ...
, president of the Auto Workers, told Select Committee investigators that the Kohler Company was committing numerous unfair labor practice
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator ...
s against the union and that the union's books were in order. Despite no evidence of any mismanagement or organized crime infiltration, Kennedy and McClellan went ahead with hearings on the UAW in February 1958. The five-week series of hearings produced no evidence of corruption. A second set of hearings into the UAW in September 1959 lasted just six days, and once more uncovered no evidence of UAW malfeasance. The September 1959 hearings were the last public hearings the embarrassed committee ever held.
As the UAW hearings were winding down, the Select Committee issued its first Interim Report on March 24, 1958. The report roundly condemned Jimmy Hoffa (by now president of the Teamsters) and accused the Teamsters of gathering enough power to destroy the national economy. Refocusing its attention back on the Teamsters, the Select Committee held a short set of hearings in August 1958 intended to expose corruption by the Hoffa regime. But a number of witnesses recanted their written testimony and the hearings led nowhere.
In February 1959, the Select Committee's attention turned to an investigation of organized crime. McClellan had won yet another one-year extension of the Select Committee's existence in January, giving it additional time for more investigations. This new focus was a natural outgrowth of the committee's previous investigations, but it also reflected the committee's frustration at uncovering no additional scandals like the one which had rocked the Teamsters. Through much of the spring and summer of 1959, the committee held a series of public hearings which brought a number of organized crime figures to the public's attention, including Anthony Corrallo, Vito Genovese, Anthony Provenzano, Joey Glimco, Sam Giancana, and Carlos Marcello. Although more muted and less frequent, criticisms of the Select Committee and Robert Kennedy continued. Kennedy's moralism about labor racketeering, several high-profile critics concluded, even endangered the Constitution. Although McClellan wanted to further investigate organized crime, the Select Committee had reached the limits of its jurisdiction and no further investigations were made.
By September 1959, it was clear that the Select Committee was not developing additional information to justify continued operation. A second interim report was released in August 1959 once again denouncing the Teamsters and Jimmy Hoffa. Robert F. Kennedy resigned as the Select Committee's chief counsel on September 11, 1959, and joined Senator John F. Kennedy's presidential campaign as campaign manager. Committee members became more involved in passing legislation to deal with the abuses uncovered.
Although his committee had already been dissolved by 1960, McClellan began a related three-year investigation in 1963 into the union benefit plans of labor leader George Barasch, alleging misuse and diversion of $4,000,000 of benefit funds. McClellan's notable failure to find any legal wrongdoing led to his introduction of several pieces of new legislation including McClellan's own bill on October 12, 1965, setting new fiduciary standards for plan trustees. Senator Jacob K. Javits (R) of New York also introduced bills in 1965 and 1967 increasing regulation on welfare and pension funds to limit the control of plan trustees and administrators. Provisions from all three bills ultimately evolved into the guidelines enacted in the Employee Retirement Income Security Act of 1974 (ERISA).
Disbandment and legislative and other outcomes
The final report of the Select Committee on Improper Activities in Labor and Management was issued on March 31, 1960. At that time, the authority granted by the Senate to the Select Committee was transferred to the Committee on Government Operations.
During its existence, the Select Committee conducted 253 active investigations, served 8,000 subpoenas for witnesses and documents, held 270 days of hearings with 1,526 witnesses (343 of whom invoked the Fifth Amendment), compiled almost 150,000 pages of testimony, and issued two interim and one final report. At its peak, 104 persons were engaged in the work of the committee, including 34 field investigators. Another 58 staffers were delegated to the committee by the Government Accounting Office and worked in Detroit
Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
, Chicago
Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of Unite ...
, New York City, and southern Florida
Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...
. To accommodate the huge staff, a corridor was blocked off in the Old Senate Office Building and turned into a suite of offices.
Some observers continued to criticize the Select Committee. In 1961, Yale Law
Yale Law School (YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United States. Its yield ...
professor Alexander Bickel accused Kennedy of being punitive and battering witnesses, compared his tactics to those of Joseph McCarthy, and declared Kennedy unfit to be Attorney General. At the turn of the century, historians and biographers continued to criticize the Select Committee's lack of respect for the constitutional rights of witnesses brought before it.
Legislative and legal outcomes
Several historic legal developments came out of the select committee's investigation, including a U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
decision and landmark labor legislation. The right of union officials to exercise their Fifth Amendment rights was upheld and a significant refinement of constitutional law made when the U.S. Supreme Court reaffirmed the right of union officials to not divulge the location of union records in '' Curcio v. United States,'' 354 U.S. 118 (1957).
The scandals uncovered by the Select Committee led directly to passage of the Labor-Management Reporting and Disclosure Act
The Labor Management Reporting and Disclosure Act of 1959 (also "LMRDA" or the Landrum–Griffin Act), is a US labor law that regulates labor unions' internal affairs and their officials' relationships with employers.
Background
After enactmen ...
(also known as the Landrum-Griffin Act) in 1959. Calls for legislation and drafts of bills began circulating in the Senate as early as May 1957.[Jacobs, James B. ''Mobsters, Unions, and Feds: The Mafia and the American Labor Movement.'' New York: NYU Press, 2006. ] Among the more prominent bills was one submitted in 1958 by Senators John F. Kennedy and Irving Ives (with assistance from nationally known labor law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
professor Archibald Cox
Archibald Cox Jr. (May 17, 1912 – May 29, 2004) was an American legal scholar who served as United States Solicitor General, U.S. Solicitor General under President John F. Kennedy and as a special prosecutor during the Watergate scandal. During ...
) which covered 30 areas, including union recordkeeping, finances, and democratic organizational structures and rules. The Kennedy-Ives bill proved immensely controversial, leading to the longest Senate debate of the year, and the greatest number of amendments and floor votes any piece of legislation that year. But President Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...
opposed the bill and it died when the Congressional session ended in December 1958. Kennedy reintroduced the bill, with some additional provisions, in 1959. Although Ives had retired from the Senate, Senator Sam Ervin agreed to co-sponsor the revised bill. The Kennedy-Ervin bill also encountered stiff opposition, and Republicans were able to win Senate approval of a management "bill of rights" to the bill which labor strongly denounced. But with this and other Republican-backed amendments, the bill passed the Senate overwhelmingly.
By 1959 the Eisenhower administration had crafted its own bill, which was co-sponsored in the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
by Phillip M. Landrum (Democrat from Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the South Caucasus
* Georgia (U.S. state), a state in the southeastern United States
Georgia may also refer to:
People and fictional characters
* Georgia (name), a list of pe ...
) and Robert P. Griffin (Republican from Michigan
Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
). The Landrum-Griffin bill contained much stricter financial reporting and fiduciary restrictions than the Kennedy-Ervin bill as well as several unrelated provisions restricting union organizing, picketing, and boycott activity. A conference committee
A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...
to reconcile the House and Senate bills began meeting on August 18, 1959. On September 3 and 4, the House and Senate passed the conference committee bill, which was far closer to the original Landrum-Griffin bill than the Kennedy-Ervin bill, and President Eisenhower signed the bill into law on September 14, 1959.
After the Select Committee's mandate expired, Senator McClellan and others advocated that the Senate expand the jurisdiction of one or more committees not only to provide oversight of the new labor law but also to continue the Senate's investigations into organized crime. McClellan originally sought jurisdiction for his own Committee on Government Operations, but members of his committee balked at the request. However, McClellan was able to convince the full Senate to impose jurisdiction on Government Operations, and the Permanent Subcommittee on Investigations began making inquiries into matters pertaining to syndicated or organized crime.
Impact on key participants
The national attention paid to Robert F. Kennedy during the Select Committee's hearings helped launch his career as a government official and politician.[Reppetto, Thomas. ''Bringing Down the Mob: The War Against the American Mafia.'' Reprint ed. New York: Macmillan, 2007. ] It also earned him a reputation for ruthlessness and hard work. His experiences with the Select Committee significantly affected Robert Kennedy, and strongly influenced his decision to make fighting organized crime a high priority during his tenure as United States Attorney General
The United States attorney general is the head of the United States Department of Justice and serves as the chief law enforcement officer of the Federal government of the United States, federal government. The attorney general acts as the princi ...
.[Marion, Nancy E. ''A History of Federal Crime Control Initiatives, 1960-1993.'' Santa Barbara, Calif.: Greenwood Publishing Group, 1994. ][Kelly, Robert J.; Chin, Ko-lin; and Schatzberg, Rufus. ''Handbook of Organized Crime in the United States.'' Santa Barbara, Calif.: Greenwood Publishing Group, 1994. ][Davis, John H. ''The Kennedys: Dynasty and Disaster.'' New York: McGraw-Hill, 1984. ] After leaving the Select Committee, Robert F. Kennedy spent the better part of a year writing about his experiences and what he had learned about unions and organized crime. Kennedy's book, '' The Enemy Within'', was published in February 1960.
The hearings also made Jimmy Hoffa a household name in the United States. The hearings were a critical turning point in Hoffa's career as a labor leader. Bringing down Dave Beck ensured that Hoffa would become president of the Teamsters, an outcome Robert Kennedy later regretted. Although Hoffa was indicted several times in federal and state courts based on evidence uncovered by the Select Committee, he was never convicted on any of the charges.[Brill, Steven. ''The Teamsters.'' Paperback ed. New York: Simon & Schuster, 1979. ; Sloane, Arthur A. ''Hoffa.'' Cambridge, Mass.: MIT Press, 1991. ] Prosecutors and others accused Hoffa of jury tampering
Jury tampering is the crime of unduly attempting to influence the composition or decisions of a jury during the course of a trial. The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure ...
and suborning witnesses in order to beat conviction, but these charges also were never proven in a court of law. After he became U.S. Attorney General in January 1961, Robert F. Kennedy formed a "get Hoffa squad" whose mission was to identify additional evidence and secure a conviction against Hoffa. Kennedy's focus on Hoffa was so strong that many observers at the time as well as later historians believed Kennedy had a personal vendetta against Hoffa. Hoffa was eventually convicted by a federal district court jury on March 4, 1964, on two counts of tampering with the jury during his 1962 conspiracy trial in Nashville, Tennessee
Nashville, often known as Music City, is the capital and List of municipalities in Tennessee, most populous city in the U.S. state of Tennessee. It is the county seat, seat of Davidson County, Tennessee, Davidson County in Middle Tennessee, locat ...
, and sentenced to eight years in prison and a $10,000 fine. While on bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...
during his appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
, a second federal district court jury convicted Hoffa on July 26, 1964, on one count of conspiracy
A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
and three counts of mail
The mail or post is a system for physically transporting postcards, letter (message), letters, and parcel (package), parcels. A postal service can be private or public, though many governments place restrictions on private systems. Since the mid ...
and wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical (e.g., the U.S. Postal Service) or electronic (e.g., a phone, a telegram, a fax, or the Internet) mail system to defraud another, and are U.S. fede ...
, and sentenced to five years in prison.[ Hoffa entered prison on March 7, 1967, and Frank Fitzsimmons was named Acting President of the union. Hoffa resigned as Teamsters president on June 19, 1971.] Barred by a commutation of sentence
In law, a commutation is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full ove ...
agreement with President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
, from participating directly or indirectly in union activities until March 6, 1980, Hoffa was released from prison on December 23, 1971, but disappeared on July 30, 1975 (and was presumably murdered).
The hearings had positive benefits for other key participants as well. The Kennedy-Ives bill was Senator John F. Kennedy's most important legislative accomplishment, and although it was not enacted into law many senators nonetheless revised their opinion and now saw him as a serious legislator.[Mahoney, Richard D. ''Sons & Brothers: The Days of Jack and Bobby Kennedy.'' New York: Arcade Publishing, 1999. ] This helped remove a major obstacle to Kennedy's political aspirations. Kennedy also used the publicity he gained from the Select Committee's work to launch his own presidential bid in 1960. The work of the Select Committee also was a key turning point in the Senate career of John L. McClellan. McClellan devoted significant time and resources of the Permanent Subcommittee on Investigations (of which he was chair) to pushing anti-organized crime agenda in 1960s, and his efforts kept the issue alive despite the prominence of other issues such as the civil rights movement and Vietnam War
The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
.[Williams, Nancy A. and Whayne, Jeannie M. ''Arkansas Biography: A Collection of Notable Lives.'' Little Rock, Ark.: University of Arkansas Press, 2000. ] When limited jurisdiction over organized crime was transferred to the Committee on Government Operations after the disbandment of the Select Committee, Senator McClellan held a number of sensational hearings on organized crime from 1960 to 1964 which became known as the Valachi Hearings. In 1962, McClellan published his own account of the Select Committee's activities and findings in the book ''Crime Without Punishment.'' The senator sponsored several pieces of important anti-crime legislation in the 1960s and early 1970s, including the Omnibus Crime Control and Safe Streets Act of 1968
The Omnibus Crime Control and Safe Streets Act of 1968 (, codified at ''et seq.'') was legislation passed by the Congress of the United States and signed into law by President Lyndon B. Johnson that established the Law Enforcement Assistance A ...
and the Organized Crime Control Act of 1970 (part of which contains the highly influential Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
RICO was e ...
).
Members
85th United States Congress
The Select Committee's chair was Senator John L. McClellan, and the vice chair was Senator Irving Ives. An equal number of Democrats and Republicans sat on the committee. Republican Senator Joseph McCarthy died on May 2, 1957, and was replaced by Republican Senator Homer E. Capehart. Democratic Senator Patrick McNamara resigned from the committee on March 31, 1958, to protest the Select Committee's rough treatment of union witnesses.["M'Namara Quits Rackets Inquiry." ''New York Times.'' April 1, 1958.] He was replaced by Democratic Senator Frank Church.
86th United States Congress
The Select Committee's chair was Senator John L. McClellan. With the retirement of Senator Irving Ives from the Senate in December 1958, the new vice chair became Senator Karl E. Mundt. Senator Homer E. Capehart joined the committee to keep the partisan balance.
Chairmen and staff
Senator John L. McClellan (D-Arkansas) was the committee's only chair for its entire history.
At the peak of its activity in 1958, 104 persons worked for the committee, including 34 field investigators. Another 58 staff were loaned to the committee from the General Accounting Office. Committee staff included:
*Robert F. Kennedy, Chief Counsel.
*Carmine Bellino, Chief Assistant to the Chief Counsel.
*Angela Novello, Personal Secretary to the Chief Counsel.
*Robert E. Manuel, Assistant Counsel.
*Walter Sheridan, Chief Investigator.
*Paul Tierney, investigator.
*LaVern J. Duffy, investigator.
*Richard G. Sinclair, investigator.
*James F. Mundie, investigator.
*John T. Thiede, investigator.
*Ruth Y. Watt, Chief Clerk.
* Kenneth O'Donnell, administrative assistant.
*Pierre Salinger
Pierre Emil George Salinger (June 14, 1925 – October 16, 2004) was an American journalist, author and politician. He served as the ninth White House Press Secretary, press secretary for United States presidents John F. Kennedy and Lyndon ...
, investigator.
* John Seigenthaler, investigator.
* Edwin Guthman, investigator.
References
Further reading
*''Hearings before the Select Committee on Improper Activities in the Labor or Management Field.'' 85th Congress, 1st session, 1957; 85th Congress, 2nd session, 1958; and 86th Congress, 1st Session, 1959.
*Kennedy, Robert F. '' The Enemy Within: The McClellan Committee's Crusade Against Jimmy Hoffa and Corrupt Labor Unions.'' New York: Harper and Row, 1960.
*McClellan, John L. ''Crime Without Punishment.'' New York: Duell, Sloan and Pearce, 1962.
*Petro, Sylvester. ''Power Unlimited: The Corruption of Union Leadership: A Report on the McClellan Committee Hearings.'' New York: Ronald Press, 1959.
External links
"Ruth Young Watt, Chief Clerk, Permanent Subcommittee on Investigations, 1948-1979," Oral History Interviews, Senate Historical Office, Washington, D.C.
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Improper Activities in Labor and Management
Organized crime in the United States
1957 establishments in Washington, D.C.
1960 disestablishments in the United States
Investigations and hearings of the United States Congress
Jimmy Hoffa
History of labor relations in the United States