Evening star., 1947-12-28

EmPIOyeS
closure of evidential sources to the
employe. and the resulting oppor-
tunity of cross examination of such
sources by him, will probably not
be practicable.
We recognize that the use of such
a report as evidence by the various
Loyalty Boards, without disclosure
of the contents to the employe, does
subject the employe to noncon-
frontation of witnesses against him
and does deprive him Of the right
of cross-examination of such wit
nesses-a situation which ought to
and does, give rise to most serious
questions in the minds OF the gen.
eral public. So serious is such a
situation that it has been strongly
urged upon us by responsible per-
sons. that, rather than permit such
situation to exist, the entire 10y
atty program should be abandoned
even if the Government should
thereupon be compelled to cease at
tempting to screen out diSloyal en-
ployes.
Board Decides to Withhold
Right to Cross-Examine.
We have given the matter the
most careful consideration, and we
can see no way in which the loyalty
program may have the benefit OF
the skilled investigation of any COM
petent investigative agency and
particularly of the Federal Bureau
of Investigation, unless the facts re-
ceived in confidence by the investi-
gators can be kept entirely conf
dental at all times and under all
conditions.
We were therefore faced with the
decision whether to refuse at all
times to disclose the Bureau report
to the employe-save in the eXcep-
tional cases noted above-or to ad-
wise the Civil Service Commission
that. in our opinion, the proposed
loyalty program as planned should
not be permitted to function.
After the most careful considera-
ton, we have concluded that the
objection to nonconfrontation and
no ss-eXamination, while impor-
tant, is not essentially controlling.
In the first place, the board is OF
the opinion, that, legally, the Gov
a,.,,r,o,t &c antit1oI to Iiccbo roo q nv
employe for reasons which seem suf-
ficient to the Government, and with
out extending to such employe any
hearing whatsoever. We believe that
the rights of the Government in
that respect are at least equal tc
those possessed by private employers
We also think that the Government
if necessary, may conclude that any
suspicion of disloyalty whatsoever
however remote, might, in view o1
the dangerous possibilities involved
suffice to warrant employe dismissal
without hearing.
Having in mind what we have
thus indicated the board believes are
the basic legal rights of the Govern.
ment, and in an effort to avoid the
serious objections indicated. we have
endeavored to plan methods of pro
cedure and determination in loyalty
cases. calculated to minimize to the
fullest degree possible, any possible
injustice which might be visitee
upon an employe by reason of the
Governments refusal to disclose
the bureau report and the origina
evidence sources.
To this end, and as have pointed
out, We will extend to each employt
through a letter of charges or bill
of interrogatories, as the case may
be, a detailed identification of the
facts upon which the board proposes
to consider the question of disloy.
atty. We will require a proper hear
ing on such charges, with full right
to the employe to be present with
his counsel and witnesses, and we
have directed the delivery to the
employe of transcript of such
hearing, if requested. Moreover, we
snail SpeclTcally require the loyalty
board to give careful consideration
in its final determination as tc
whether, in the opinion of the board
the employe has been actually
handicapped in his defense because
of the nonconfrontation and lack oil
opportunity to oss-examine source
witnesses. Moreover. under the ex.
ecutive order, specific rule of de-
cision is established to wit: 80
whether on all the evidence in the
record, reasonable grounds exist fol
belief that the person involved is
dislCyal."
Right Open to Appeal
To Head of Agency.