B-59254, JUL 22, 1946

B-59254, JUL 22, 1946

PRECIS-UNAVAILABLE

NATIONAL HOUSING ADMINISTRATOR:

I HAVE YOUR LETTER OF JULY 18, 1946, AS FOLLOWS:

"THE GOVERNMENT CORPORATIONS APPROPRIATIONS ACT, 1947 (H.R. 6777), WHICH MAKES APPROPRIATIONS FOR THE NATIONAL HOUSING AGENCY FOR THE FISCAL YEAR ENDING JUNE 30, 1947, INCLUDES IN SEC. 305 THE FOLLOWING PROVISION:

"NO PART OF THE FUNDS OF, OR AVAILABLE FOR EXPENDITURES BY, ANY CORPORATION OR AGENCY INCLUDED IN THIS ACT SHALL BE USED TO PAY THE SALARY OR WAGES OF ANY PERSON WHO ENGAGES IN A STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES OR WHO IS A MEMBER OF AN ORGANIZATION OF GOVERNMENT EMPLOYEES THAT ASSERTS THE RIGHT TO STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, OR WHO ADVOCATES, OR IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE. PROVIDED, THAT FOR THE PURPOSES HEREOF AN AFFIDAVIT SHALL BE CONSIDERED PRIMA FACIE EVIDENCE THAT THE PERSON MAKING THE AFFIDAVIT HAS NOT CONTRARY TO THE PROVISIONS OF THIS SECTION ENGAGED IN A STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, IS NOT A MEMBER OF AN ORGANIZATION OF GOVERNMENT EMPLOYEES THAT ASSERTS THE RIGHT TO STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, OR THAT SUCH PERSON DOES NOT ADVOCATE, AND IS NOT A MEMBER OF AN ORGANIZATION THAT ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE.

"ALTHOUGH AT THE TIME OF PREPARATION OF THIS LETTER THE ACT HAS NOT YET BECOME EFFECTIVE, THE NATIONAL HOUSING AGENCY HAS PROCEEDED TO OBTAIN FROM ITS EMPLOYEES AN AFFIDAVIT OF THE SORT DESCRIBED IN THE ACT AND IN CIVIL SERVICE DEPARTMENTAL CIRCULAR NO. 560 OF JUNE 28, 1946.

"WE ARE NOW IN PROCESS OF PREPARING THE FIRST PAYROLLS TO BE PAID FROM FUNDS FOR FISCAL (YEAR) 1947 AND THE QUESTION HAS BEEN RAISED AS TO WHETHER AN AFFIDAVIT OF THE SORT ATTACHED HERETO COMPLIES WITH THE PROVISIONS OF H.R. 6777 SO THAT IT WILL BE PROPER FOR OUR CERTIFYING OFFICER TO MAKE CERTIFICATION ACCORDINGLY (ASSUMING THE ENACTMENT OF H.R. 6777 WITHOUT CHANGE IN THIS PROVISION).

"IT WILL BE APPRECIATED IF A PROMPT REPLY CAN BE OBTAINED CONCERNING THE ACCEPTABILITY OF THIS AFFIDAVIT, IN ORDER THAT THE SALARY CHECKS IN QUESTION WILL NOT BE DELAYED ANY LONGER THAN NECESSARY."

THE COPY OF THE AFFIDAVIT OBTAINED FROM YOUR EMPLOYEES IS WORDED AS FOLLOWS:

AFFIDAVIT

"STRIKING AGAINST THE FEDERAL GOVERNMENT

ORGANIZATION DIVISION NATIONAL HOUSING AGENCY ADMINISTRATION OFFICE - BUDGET & /

(DEPT. OR ESTAB.) (BUREAU OR OFFICE)

WASHINGTON, D.C.

(PLACE OF EMPLOYMENT)

"I, LEON CRUTCHER, DO HEREBY SWEAR (OR AFFIRM) THAT I AM NOT ENGAGED IN ANY STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES AND THAT I HAVE NO INTENTION OF SO ENGAGING WHILE AN EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES; THAT I AM NOT A MEMBER OF AN ORGANIZATION OF GOVERNMENT EMPLOYEES THAT ASSERTS THE RIGHT TO STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, AND THAT I HAVE NO INTENTION WHILE A GOVERNMENT EMPLOYEE OF BECOMING A MEMBER OF SUCH AN ORGANIZATION. I WILL NOT STRIKE OR JOIN SUCH AN ORGANIZATION WITHOUT NOTIFYING THE PERSONNEL OFFICER.

LEON CRUTCHER

(SIGNATURE OF EMPLOYEE OR APPOINTEE) "SUBSCRIBED AND SWORN TO BEFORE ME THIS 15TH DAY OF JULY, 1946 AT WASHINGTON, STATE OF D.C..

DOROTHY BOYCE

(SIGNATURE OF OFFICER)

PLACEMENT OFFICER

(TITLE)

AUTHORIZED EMPLOYEE WITNESS #2

(SEAL)

(NOT NEEDED WHERE NONE AVAILABLE)"

THE CIVIL SERVICE DEPARTMENT CIRCULAR NO. 560, OF JUNE 28, 1946, PRESCRIBES THE FOLLOWING FORM OF AFFIDAVIT IN CONNECTION WITH APPROPRIATIONS CONTAINING THE GENERAL ANTI-STRIKE PROVISIONS:

"AFFIDAVIT

"STRIKING AGAINST THE FEDERAL GOVERNMENT

(DEPT. OR ESTAB.) (BUREAU OR OFFICE)

(PLACE OF EMPLOYMENT)

"I . . . . . . . . . . . . . . . ., DO HEREBY SWEAR (OR AFFIRM) THAT I AM NOT ENGAGED IN ANY STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES AND THAT I WILL NOT SO ENGAGE WHILE AN EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES; THAT I AM NOT A MEMBER OF AN ORGANIZATION OF GOVERNMENT EMPLOYEES THAT ASSERTS THE RIGHT TO STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, AND THAT I WILL NOT WHILE A GOVERNMENT EMPLOYEE BECOME A MEMBER OF SUCH AN ORGANIZATION.

(SIGNATURE OF EMPLOYEE OR APPOINTEE)

"SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 19 AT , STATE OF ."

WHILE THE WORDING OF THE AFFIDAVIT OBTAINED FROM YOUR EMPLOYEES DOES NOT FOLLOW THE LANGUAGE CONTAINED IN THE ABOVE FORM IT DOES CONTAIN LANGUAGE OF SIMILAR IMPORT, AND THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO THE PAYMENT OF SALARIES BASED THEREON SO FAR AS THE ANTI STRIKE PROVISION IS CONCERNED.