Evening star., 1933-09-18
n. R. A. |NSTRUCTS
COMPLIANCE UNITS
Johnson Warns Attendance
of Witnesses Cannot Be
Compelled.
BY the Associated Press.

BY the Associated Press.
Recovery Administrator Hugh S.
Johnson today sent instructions on pro-
cedure to local compliance boards set
up to enforce standards of conduct
under codes of the Blue Eagle agree
| ments.
He pointed OUT that their proceedings
are voluntary, and the attendance Of
employers or other witnesses cannot be
compelled The sessions of the board,
he said must not be used to pry into
employers businesses. and questions
asked must relate strictly to the sub
ject of the complaint before the board
A summary of the instructions fol-
lows:
LAS most violations grow out of mis-
understanding rather than fiat refusal
to cooperate, when an employer is
notified that : complaint has been filed
against him, the whole tone of the no.
tiflcation should be that of assuming
that the employer is complying and
that the complaint is due to some mis-
understanding which the employer can
clear up by explaining the situation to
a representative of the board.
No Publicity Rule Stressed.
Particular emphasis is placed on the
rule that no publicity of any kind
should be given to the fact that an en-
ployer has had complaint lodged
against hin
Throughout all proceedings. as pro-
vided for under the regulations. the
employer is to be given every oppor-
tunity to see the error of his ways or
to explain his side of the question
"Cognizan:e is taken of many cases
where employers are under the misap-
prehension that they have received a
stay of provisions granted them by
N R. A.
IF it would be a serious injustice to
reverse this unauthorized approval,
much weight should be given to this
fact.
Forced Answers Banned.
The conduct of the beard toward an
employer is summed up as follows:
Although the employer may be
represented by counsel, if he so DESIRES
ployer may not be forced to answer
questions. In fact, it should not be
found necessary to ask any questions
except as an aid to the employer in
making his voluntary statement. No
questions should be asked except those
strictly necessary to determine whether
or not the employer is complying. This
hearing should not be taken advantage
of as an opportunity to pry into
mans business The board has no
power to compel the attendance or ex-
animation of witnesses, or to compel
submission of books or other papers to
the board If the employer takes the
position of standing on his constitu-
tional rights or refusing to answer
questions because they might tend to
incriminate him, it should be explained
to him by the legal member that the
Presidents unemployment agreement is
not statute to be enforced by law, but
a voluntary individual covenant.
1T should be assumed that if the
employer is acting within the spirit Of
the agreement, he will be ready and
willing to come forward with a frank
statement of his position in order to
clear up any misunderstanding. How
ever. it should be explained further.
that refusal to answer question will
be considered contrary to the spirit of
the agreement if the answer to the
not the employer is comDlving. Such
refusal should be noted bv the board
in making it's report to NJ r. A.
Should Announce Decisions.
"No exception from paragraphs a.,
(2). 10 or 13) of the Presidents
agreement NAV b, approved and no ex-
ception from or statement of an inter-
probation or understanding of section
7 (A) or section 10 (B) of the ma
tional industrial recovery act may be
approved
"If the board finds bv unanimous
vote that the petition for an eXcep-
tom is justified by the facts. it should
be approved and the petitioner in
formed of this fact. If the board finds
by unanimous vote that the petition
is not justified by the facts. it should
he dsapproved and the petitioner in
formed of this fact.
"Where the board is unable to reach
a unanimous agreement, the petition
with ma iority and minority reports
from the board should be forwarded to
the secretary of the District Recovery
Board for final action. The regula-
tions provide for an appeal to WASH
ington from a district boards decision.
Section 3 deals with petitions for
permission to operate under a union
contract for hours longer than the
maximum under the Presidents re-
employment code. The board, con-
vinced of the genuine intentions OF both
parties is empowered to act as a me-
diation board. but if it is une'le to
bring about an agreement. all data
should be forwarded to the District Re-
covery Board for their action.
"The board is permitted to enlarge
its membership whenever the work be-
comes too voluminous to be handled
bv appointing seven more members OF
the same antecedents as those Of the
original group"