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GOVERNMENT

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NOMINATIONS

HEARING

BEFORE THE

0- COMMITTEE ON

OR AND PUBLIC WELFARE

JNITED STATES SENATE

-0 EIGHTY-NINTH CONGRESS

SECOND SESSION

ON

N. SHULMAN, OF VIRGINIA, TO BE A MEMBER

OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

AND HOWARD G. GAMSER, OF NEW YORK, TO BE A

MEMBER OF THE NATIONAL LABOR RELATIONS BOARD

SEPTEMBER 14, 1966

Printed for the use of the

Committee on Labor and Public Welfare

U.S. GOVERNMENT PRINTING OFFICE

68-900 WASHINGTON : 1966
4s. Ne•

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COMMITTEE ON LABOR AND PUBLIC WELFARE

LISTER HILL, Alabama, Chairman

WAYNE MORSE, Oregon

RALPH YARBOROUGH, Texas

JOSEPH S. CLARK, Pennsylvania

JENNINGS RANDOLPH, West Virginia

HARRISON k. WILLIAMS, JR., New Jersey

CLAIBORNE PELL, Rhode Island

EDWARD M. KENNEDY, Massachusetts

GAYLORD NELSON, Wisconsin

ROBERT F. KENNEDY, New York

STEWART E. MCCLURE, Chief Clerk

JOHN S. FORSYTHE, General Counsel

ROBERT W. BARCLAY, Professional Staff Member

STEPHEN KURZMAN, Minority Counsel

II

JACOB K. JAVITS, New York

WINSTON L. PROUTY, Vermont

PETER H. DOMINICK, Colorado

GEORGE MURPHY, California

PAUL J. FANNIN, Arizona

ROBERT P. GRIFFIN, Michigan
NOMINATIONS

SEPTEMBER 14, 1966

U.S. SENATE,

COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C.

The committee met at 10:10 a.m., pursuant to notice, in room 4232,

New Senate Office Building, Senator Wayne Morse, presiding.

Present: Senators Morse (presiding), Clark, Randolph, and Pell.

Staff members present: Stewart E. McClure, chief clerk; John S.

Forsythe, general counsel; and Stephen Kurzm.an, minority counsel.

Senator MORSE. The hearing will come to order.

We meet this morning to consider the nominations of Mr. Shulman,

of Virginia, to be a member of the Equal Employment Opportunity

Commission, and Mr. Howard G. Gamser, of New York, to be a

member of the National Mediation Board.

We will start with Mr. Shulman's nomination.

Mr. Shulman, you are already before the committee The biographical sketch of Mr. Shulman is available and will be made a part

of the record at this point.

(The biographical sketch of Mr. Shulman follows:)

BIOGRAPHICAL SKETCH OF STEPHEN N. SHULMAN, GENERAL COUNSEL OF THE

AIR FORCE

Shulman received an A.B. degree from Harvard University in 1954. He then

did industrial and labor relations work for Bendix Aviation Corporation, first at

the Friez Instrument Division in Towson, Maryland, and later at the Utica

Division in Utica, New York.

He received an LL.B. degree, cum laude, from Yale University in 1958. At

Yale, he was Editor-in-Chief of the Yale Law Journal and a member of the

Order of the Coif honorary society.

Shulman was law clerk to Mr. Justice Harlan, Supreme Court of the United

States, for the October Term, 1958.

He was associated with the law firm of Covington & Burling in the District

of Columbia until May 1960, when he became Assistant United States Attorney

for the District.

In February 1961, Shulman was appointed Executive Assistant to the Secretary

of Labor by then Secretary Arthur J. Goldberg. While in that post, he served

for a time as Acting Executive Vice Chairman of the President's Committee on

Equal Employment Opportunity. In November 1962, he was appointed Deputy

Assistant Secretary of Defense in charge of Civilian Personnel and Industrial

Relations by Defense Secretary Robert S. McNamara. In August 1964, Secretary

McNamara added Civil Rights to Shulman's responsibilities.

On September 1, 1965, Shulman took office as General Counsel of the Air Force.

He was served, in 1959, as Visiting Assistant Professor of Law at the University

of Michigan and, in 1965, as Visiting Professor of Management at the University

of Oklahoma. In May 1966, Shulman was awarded the William A. Jump Memor

in! Foundation Award for exemplary service in public administration in the

Departments of Labor and Defense. He subsequently became a member of the

Board of Trustees of the Foundation.

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2 NOMINATIONS

On August 30, 1966, President Johnson's intention to designate Shulman as

Chairman of the Equal Employment Opportunity Commission was announced.

His nomination was sent to the Senate the next day.

A native of New Haven, Conn. Shulman is 33 years old, and is married to the

former Sandra P. Still, also of dew Haven. They have three children: Harry,

age eight; Dean Jeffrey, age five; and John David, age three.

Senator MORSE. Are there any questions from the committee?

Senator CLARK. Mr. Chairman, I would like to give my enthusiastic support and endorsement of the nomination of Mr. Shulman.

On the basis of his biographical sketch and my own knowledge of his

activities, it seems to me to be a most desirable appointment. I would

urge the committee to recommend favorably action of this appointment to the floor.

Senator PELL. Mr. Chairman, I would like to support his nomination, too.

Mr. Shulman has a Rhode Island background and I am happy,

indeed, to be able to support his nomination.

Senator MORSE. I would like to second Senators Clark and Pell in

my enthusiastic support of this nomination.

Are there any further questions?

Mr. Shulman, do you wish to make a statement?

Mr. SHULMAN. I would like to say, Mr. Chairman, that I appreciate very much the kind comments of the members of this committee

and I am looking forward to undertaking this job, the Senate willing.

Senator CLARK. Mr. Chairman, if there are no further questions I

suggest that the hearing be closed subject to being reopened if the

Republicans desire to do so.

Senator MORSE. As far as the hearing on the nominee is concerned

the record speaks for itself. The Chair will excuse Mr. Shulman and

in excutive session will consider the nomination.

Thank you very much.

(Whereupon, at 10:13 a.m. the committee went to the nomination

of Mr. Gamser.)

Senator MORSE. The next nomination is Mr. Howard G. Gamser,

of New York, to be a member of the National Mediation Board. It

is a reappointment. Mr. Gamser has been before us before.

The chairman wishes to make this statement for the record.

I have known Mr. Gamser for some years and I am familiar with

his work as a member of the National Mediation Board and I want

to say that I consider him one of the outstanding mediators in the

country, a man with a very fine academic background in the field of

labor relations work and a fine legal background which has served him

very well in the very professional job he has done as a member of the

National Mediation Board.

More recently Mr. Gamser served at my request, as Chairman

of the President's Presidential Emergency Board in the airline dispute; he served as an adviser to the Board. I want to stress that

this was at the request of the Board and he was exceedingly helpful

to us as we called upon the National Mediation Board for the information that it had previously gathered in the case.

Mr. Gamser was a member of the National Mediation Board that

had been assigned to the mediation efforts in connection with the

airline dispute prior to the appointment of the Emergency Board.
NOMINATIONS 3

I want my colleagues on the committee to know that he performed

very, very ably in that advisory capacity and I highly recommend

him to the committee.

Senator CLARK. Mr. Chairman?

Senator MORSE. Senator Clark?

Senator CLARK. In view of the statement made by the chairman

and my review of the biographical data, I would support the appointment of Mr. Gamser to the National Mediation Board and suggest

he be given an opportunity to make a brief statement.

Senator MORSE. I shall insert in the record the biographical data

of Mr. Gamser.

(The biographical sketch of Mr. Gamser follows.)

BIOGRAPHICAL SKETCH OF HOWARD G. GAMSER

Howard G. Gamser has been in Washington, on this tour of federal service,

since January, 1961. He came as chief counsel to the Committee on Education

and Labor of the House of Representatives. While he served as counsel, the

committee originated and saw enacted into law many new pieces of legislation of

a pioneering nature in the fields of education and labor.

Since March of 1963, Mr. Gamser has been serving by appointment of the

President and after confirmation by the Senate, as a member of the National

Mediation Board. For the fiscal year 1964-65, he was elected chairman of the

Board.

He has had extensive federal and state career government service. He previously worked with the National Labor Relations Board, the Wage Stabilization

Board, and the New York State Board of Mediation. He was on active duty

with the Army during World War II from 1941 to 1946. During 1953-54, he

was on leave from the federal government to teach as a Fulbright Lecturer in

labor law at the London School of Economics. He has also taught labor law at

Columbia University from 1958 through 1960, and for many years for the New

York State School of Industrial and Labor Relations (Cornell University).

During the current year, he is lecturing as Adjunct Professor of Law at Georgetown University Law Center.

Until coming to Washington in 1961, Mr. Gamser was also a member of the

New York law firm of Bobroff, Olonoff, and Scharf, where he had an extensive

arbitration practice. He is admitted to the bar of New York, the District of

Columbia, and the U.S. Supreme Court. His undergraduate training was at

the College of the City of New York where he was elected to Phi Beta Kappa.

He holds a master of arts degree from Columbia University in Economics, and his

LL.B. was gained at New York Law School.

Mr. Gamser is married to the former Doris Gold of New York and has two

children, Matthew and Diana.

Senator MORSE. Mr. Gamser, do you have a statement you would

like to make?

Mr. GAMSER. Mr. Chairman, I do not have a formal statement

but I would like to tell the chairman how much I appreciate his kind

comments and the support given to me by Senator Clark. I pledge to

do the best I can in my new term in office if this appointment to

the National Mediation Board is confirmed.

Senator MORSE. I am sure you will.

Any further questions?

Hearing none, the hearing on the appointment of Mr. Gamser will

be closed unless the Republicans wish to make further inquiry of Mr..

Gamser.

Thank you.

(Whereupon, at 10:15 a.m. the committee recessed, and went into

executive session.)

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