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Delegate Kiefer: On page 4, section 1.17,
Collective Bargaining, strike out all of lines
39 through 43, inclusive, and insert in lieu
thereof the following:
"Persons in private employment shall
have the right to organize and bargain
collectively through representatives of their
own choosing to the extent prescribed and
as regulated by law. Persons in public em-
ployment shall have the right to organize,
present to and make known to the State, or
any of its political subdivisions or agencies,
their grievances and proposals through rep-
resentatives of their own choosing."
THE PRESIDENT: The Amendment is
submitted by Delegate Kiefer. Is there a
second?
(The amendment was duly seconded.)
THE PRESIDENT: Delegate Mentzer
seconds.
The Chair recognizes Delegate Kiefer to
speak to the amendment.
DELEGATE KIEFER: Mr. President,
before I start, some delegates do not have
a copy. I would like my time to start when
everyone has a copy.
THE PRESIDENT: Any delegate who
does not have a copy of Amendment HH,
please indicate, and the page will bring you
a copy.
For what purpose does Delegate Bam-
berger rise?
DELEGATE BAMBERGER: A parlia-
mentary inquiry, Mr. President.
THE PRESIDENT: State the inquiry.
DELEGATE BAMBERGER: Is Amend-
ment HH in order, Mr. President, or
Amendment No. 15? It seems it puts be-
fore this house questions which have just
been debated, and considered.
THE PRESIDENT: I do not think it
does, Delegate Bamberger.
DELEGATE BAMBERGER: Mr. Presi-
dent, does 'the language on lines 8 and 9
effect a change in Amendment No. 13 ?
THE PRESIDENT: Oh, yes, but the
whole tenor of the amendment, as the Chair
reads it very quickly, is quite different
from the section as presently before the
Convention, as amended. This deals now in
two categories with persons in private em-
ployment, and persons in public employ-
ment, whereas the other amendment did
not.
Have all delegates a copy of Amendment
No. 15? Page, please take Amendment No.
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15 to Delegate Sosnowski. Any other dele-
gates who do not have it?
For what purpose does Delegate Bennett
rise?
DELEGATE BENNETT: A parliamen-
tary inquiry, Mr. President.
THE PRESIDENT: State the inquiry.
DELEGATE BENNETT: To inquire
whether or not this amendment is divisible ?
THE PRESIDENT: In what manner do
you suggest the division?
DELEGATE BENNETT: A division be-
tween the language relating to private
employment, and the language relating to
public employment.
THE PRESIDENT: I do not believe the
amendment would be divisible because if
you divided it you would have two separate
amendments, each of which would be a
separate substitute for section 1.17, and
the test of division is whether either can
stand alone.
I do not believe they could. In other
words, the sponsor does not intend to have
each standing alone, as a substitute for
1.17.
DELEGATE BENNETT: May I then ask
the sponsor a question?
Assuming that —
THE PRESIDENT: I think you ought to
give him the floor first.
DELEGATE KIEFER: Mr. President
and ladies and gentlemen of the Conven-
tion, we had had a great deal of heat on
this subject and not an awful lot of light,
and I confess it is particularly my fault.
This Committee did not get into the
study of law on this issue because, as I
pointed out in the memorandum which you
received and which I worked on over the
weekend, and which I am afraid many of
you have not read, we looked at this thing
only from the point of view that it was
statutory and, furthermore, because it dealt
with a group of people as against another
group or people it did not belong in the bill
of rights. We, therefore, overwhelmingly
rejected it.
I have over the weekend made a study
of it. I am not an expert in labor law. I am
a two-day wonder on this. There are only
four states who have anything in their
charters about anything to do with the
right to organize and to bargain. One is
the State of Missouri, and they have the
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