Paul M. Herzog
Encyclopedia
Paul M. Herzog was an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

, educator, civil servant, and university administrator. He was Chairman of the United States National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...

 from 1945 to 1953.

Early life and career

Paul M. Herzog was born in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 on August 21, 1906, to Mr. and Mrs. Paul Herzog. His father was an attorney in Platzek, Stroock & Herzog
Stroock & Stroock & Lavan
Stroock & Stroock & Lavan LLP is an American law firm based in New York City with approximately 350 lawyers in three offices, the other two being Miami and Los Angeles...

, a large and notable New York City law firm.

He obtained his high school diploma from the Lincoln School and his bachelor's degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...

 from Harvard College
Harvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...

 in 1927. He took a job as an instructor in government and economics in 1928 at the University of Wisconsin and then at Harvard University. He graduated with a law degree from Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...

 in 1936.

Herzog left Harvard in 1931. He became the assistant to the secretary of the federal National Labor Board
National Labor Board
The National Labor Board was an independent agency of the United States Government established on August 5, 1933 to handle labor disputes arising under the National Industrial Recovery Act .-Establishment, structure and procedures:...

 in 1933, but left the agency in 1935. Governor Herbert H. Lehman
Herbert H. Lehman
Herbert Henry Lehman was a Democratic Party politician from New York. He was the 45th Governor of New York from 1933 to 1942, and represented New York in the United States Senate from 1950 to 1957.-Lehman Brothers:...

 appointed him to New York's State Labor Relations Board in 1937, and reappointed him in 1939. In 1942, Governor Lehman appointed Herzog to be the Chairman of the State Labor Board. During his tenure on the State Labor Board, Herzog upheld the right of New York City school janitor
Janitor
A janitor or custodian is a professional who takes care of buildings, such as hospitals and schools. Janitors are responsible primarily for cleaning, and often some maintenance and security...

s to join labor unions
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...

. Herzog quit his post in February 1944 to accept a commission in the United States Navy Reserve
United States Navy Reserve
The United States Navy Reserve, until 2005 known as the United States Naval Reserve, is the Reserve Component of the United States Navy...

.

NLRB chairmanship

With World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 ending, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...

 appointed Herzog to be Chairman of the National Labor Relations Board (NLRB) on June 7, 1945. During his tenure on the NLRB, Herzog became known as one of the nation's foremost experts in labor law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...

 and was a swing vote
Swing vote
Swing vote is a term used to describe a vote that may go to any of a number of candidates in an election, or, in a two-party system, may go to either of the two dominant political parties...

 between the board's pro-labor and pro-management members. He provided the critical final vote which gave foremen the right to organize unions, voted to make pensions a subject of mandatory bargaining, agreed that employees who struck for economic reasons were not entitled to vote in decertification elections so long as they remained on strike, and for the first time in NLRB history ruled on the issue of Jurisdictional strike
Jurisdictional strike
Labor unions use the term jurisdiction to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work...

s. Herzog was accused by Congressional and business critics of suppressing corporate freedom of speech, a claim Herzog denied. In several rulings in 1947, he even agreed to expand management speech rights during union organizing campaigns.

A number of controversies occurred during Herzog's tenure on the NLRB, contributing to passage of the Taft–Hartley Act. Among these was a proposal by Secretary of Labor
United States Secretary of Labor
The United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....

 Lewis B. Schwellenbach
Lewis B. Schwellenbach
Lewis Baxter Schwellenbach , was an American lawyer, politician, and judge. He was born in Superior, Wisconsin.-Early life:When Schwellenbach was eight years old, his family moved to Spokane, Washington...

 and Rep.
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 Fred A. Hartley, Jr.
Fred A. Hartley, Jr.
Fred Allan Hartley, Jr. was an American Republican Party politician from New Jersey. Hartley served ten terms in the United States House of Representatives where he represented the New Jersey's 8th and New Jersey's 10th congressional districts...

 (R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

-N.J.
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

) to outlaw communist parties
Communist party
A political party described as a Communist party includes those that advocate the application of the social principles of communism through a communist form of government...

 and require a non-communist oath from labor leaders. Another was a growing movement in 1946 and 1947 to amend the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...

 (NLRA) to correct what critics saw as a pro-labor
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...

 tilt in federal law. Herzog publicly admitted the need for some change in the NLRA, but privately in a series of memoranda to President Truman strongly opposed the proposed Taft-Hartley amendments. He felt the communist oath provisions were unconstitutional, that the amendments would turn the NLRA into a management weapon, that creation of an independent General Counsel would weaken the NLRB, and that the law's dismantling of the agency's economic analysis unit deprived the NLRB of essential expertise. Nonetheless, Congress overrode Truman's veto of the Taft-Hartley Act on June 23, 1947, and the bill became law.

Implementing Taft-Hartley

Herzog's implementation of the Taft-Hartley Act proved problematic. Herzog and other NLRB staff had secretly worked with pro-labor members of Congress to draft critical analyses of the Taft-Hartley bill, draft speeches critical of the bill, and even draft legislation for liberal Republican members of Congress designed to water down the bill. When these actions were uncovered, conservative members of Congress tried to have Herzog removed from office. Herzog considered resigning (as many other NLRB staff did) and even consulted with Truman about it (who counseled him to stay on). Liberal Republican Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 Irving Ives
Irving Ives
Irving McNeil Ives was an American politician from New York.-Life:He served overseas in the U.S. Army during World War I, rising to the rank of first lieutenant before he left the army in 1919...

 talked to conservative Republican Senator Robert Taft
Robert Taft
Robert Alphonso Taft , of the Taft political family of Cincinnati, was a Republican United States Senator and a prominent conservative statesman...

 about it, but to both Ives' and Herzog's astonishment Taft said he believed Herzog should remain.

The Taft-Hartley Act made the office of the NLRB General Counsel independent from the Chair; the question was who should become General Counsel now that Gerhard Van Arkel (the previous counsel) had resigned in the wake of the Taft-Hartley Act's passage. NLRB Member James J. Reynolds
James J. Reynolds
James J. Reynolds was the Undersecretary of Labor for Labor-Management relations during the Lyndon B. Johnson Administration in the United States. Earlier he served as Assistant Secretary for Labor-Management Relations from 1961–65, initially for President John F. Kennedy...

 suggested 62-year-old NLRB trial lawyer Robert N. Denham, a strong conservative who had exhibited near-racist
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...

 views in some of his opinions. When he learned of Denham's nomination, Herzog exclaimed, "My god, that's appalling!"

Once installed as General Counsel, Denham announced that all American Federation of Labor
American Federation of Labor
The American Federation of Labor was one of the first federations of labor unions in the United States. It was founded in 1886 by an alliance of craft unions disaffected from the Knights of Labor, a national labor association. Samuel Gompers was elected president of the Federation at its...

 (AFL) and Congress of Industrial Organizations
Congress of Industrial Organizations
The Congress of Industrial Organizations, or CIO, proposed by John L. Lewis in 1932, was a federation of unions that organized workers in industrial unions in the United States and Canada from 1935 to 1955. The Taft-Hartley Act of 1947 required union leaders to swear that they were not...

 (CIO) leaders and their affiliate unions would be denied the protection of the NLRA if a single officer at any level refused to sign a non-communist oath (which Philip Murray
Philip Murray
Philip Murray was a Scottish born steelworker and an American labor leader. He was the first president of the Steel Workers Organizing Committee , the first president of the United Steelworkers of America , and the longest-serving president of the Congress of Industrial Organizations .-Early...

 and most CIO union heads declined to do). In what was seen as a major test of how much authority the Board retained vis-a-vis the General Counsel, the NLRB held in Northern Virginia Broadcasters, Inc., 75 NLRB 11 (1947) that the anti-communist oath provisions of the Taft-Hartley Act applied only to local, national, and international leaders and not to officers of national trade union center
National trade union center
A national trade union center is a federation or confederation of trade unions in a single country. Nearly every country in the world has a national trade union center, and many have more than one. When there is more than one national center, it is often because of ideological differences—in some...

s like the AFL or CIO.

For two years, Herzog and Denham also struggled over whether the Board or the General Counsel had the authority to assert jurisdiction in unfair labor practice
Unfair labor practice
In United States labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act and other legislation...

 cases. In May 1949, in A-1 Photo Service, 83 NLRB 564 (1949) and Pereira Studios, 83 NLRB 587 (1949), Herzog finally concluded that the Board and Board alone had that authority. Herzog's conflict with Denham worsened when, in November 1949, Denham issued an unfair labor practice against the AFL in Haleston Drug Stores, Inc., 86 NLRB 1166 (1949), and the Board refused to hear the case by declining jurisdiction over the matter. When the employer appealed to the Ninth Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...

, Denham not only refused to represent the Board but actively assisted the employer in seeking to overturn the Board's action.

Acting on recommendations generated by the Hoover Commission
Hoover Commission
The Hoover Commission, officially named the Commission on Organization of the Executive Branch of the Government, was a body appointed by President Harry S. Truman in 1947 to recommend administrative changes in the Federal Government of the United States...

, Herzog prevailed upon President Truman to issue Reorganization Plan No. 12, which would abolish the office of General Counsel and transfer its functions back to the Board. But Senator Taft refused to let Truman oust Denham through subterfuge, and the reorganization plan failed to win Congressional approval.

Herzog now resolved to have Denham removed:
Denham had survived the legislative battles, but he was out-matched when pitted against Herzog in bureaucratic in-fighting. As a special assistant in the White House put it, Herzog waged his battle with "extraordinary subtlety," "watching and waiting for bigger and better errors by Denham," using "restraint," "proper erudition," "protective camouflage," "the public handshake, the smile, and the knife so fast that you are never aware of it until the severed head rolls."

Just before a May 22, 1950, meeting between Denham and the Board, Herzog met with President Truman and was told to stand firm against any encroachment on the Board's authority. The meeting between Denham and the Board degenerated into bitter personal criticism. Herzog met with Truman, advising the President of his intention to leave. Truman asked Herzog to stay, and Herzog agreed—if Denham were fired. Truman agreed, and on July 24, 1950, Herzog was reappointed to another five-year term as NLRB Chair. When Denham made changes to the NLRB's appellate brief in the Vulcan Forging case, the five Board members asked President Truman to act to prevent further undermining of administration labor policy and additional embarrassment in the courts. Truman asked Denham to resign on September 15, 1950, and Denham did so.

Post-Denham NLRB tenure

Between 1947 and 1953, Herzog led Board majorities in concluding that NLRB-sponsored union organizing elections could not be held at workplaces controlled by a union shop
Union shop
A union shop is a form of a union security clause under which the employer agrees to hire either labor union members or nonmembers but all non-union employees must become union members within a specified period of time or lose their jobs...

 contract if the state in question had banned the union shop, that unions found in violation of the Taft-Hartley Act could not file for elections or unfair labor practice complaints, ruled secondary boycotts a violation of the Taft-Hartley Act, held it an unfair labor practice for an employer to refuse to open its financial books if it claimed it could not afford a wage increase, and found that a lockout
Lockout (industry)
A lockout is a work stoppage in which an employer prevents employees from working. This is different from a strike, in which employees refuse to work.- Causes :...

 designed to coerce employees into agreeing to a collective bargaining agreement was illegal. Despite agreeing with other Board members that the anti-communist oath provisions of the Taft-Hartley Act did not infringe on freedom of speech or association, Herzog nonetheless asked Congress to pass legislation providing for an alternative oath which would not impinge so heavily on freedom of speech and association.

After Dwight D. Eisenhower won the presidency in November 1952, Paul Herzog agreed to resign effective June 30, 1953, in order to allow the new president his own choice as NLRB chairman.

Later career and death

Herzog rejoined Harvard University while still serving as Chair of the NLRB. He was appointed Associate Dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...

 of the Graduate School of Public Administration (the predecessor of the John F. Kennedy School of Government
John F. Kennedy School of Government
The John F. Kennedy School of Government at Harvard University is a public policy and public administration school, and one of Harvard's graduate and professional schools...

) in 1945, and was Acting Dean from 1953 to 1957.

Herzog became Executive Vice President of the American Arbitration Association
American Arbitration Association
The American Arbitration Association is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered in New York...

 after leaving the NLRB, and was elected President of the Association in 1961. He was appointed President of the Salzburg Global Seminar (a non-profit organization
Non-profit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...

 which works to enhance European understanding of American culture, economics, and politics) in 1965, and retired from that position in 1971.

Herzog suffered a stroke in 1985 from which he made only partial recovery. He died at his home in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...

 on November 23, 1986. He was cremated
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....

.

Personal life

Paul Herzog was a Presbyterian
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...

. He was a member of the Century Club
Century Association
__notoc__The Century Association is a private club in New York City. It evolved out of an earlier organization – the Sketch Club, founded in 1829 by editor and poet William Cullen Bryant and his friends – and was established in 1847 by Bryant and others as a club to promote interest in...

, the Harvard Club of New York
Harvard Club of New York
The Harvard Club of New York is a private club in Midtown Manhattan, New York, New York, USA. Anyone who has attended Harvard University may apply to become a member. Incorporated in 1887, it is housed in adjoining lots at 27 West 44th Street and 35 West 44th Street...

, and the Metropolitan Club.

He married Madeleine Schafer (the granddaughter of Oscar S. Straus
Oscar Straus (politician)
Oscar Solomon Straus was United States Secretary of Commerce and Labor under President Theodore Roosevelt from 1906 to 1909. Straus was the first Jewish United States Cabinet Secretary. - Biography :...

, a former Secretary of Commerce and Labor under President Theodore Roosevelt
Theodore Roosevelt
Theodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...

 and the first Jewish Cabinet Secretary
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...

) in 1929. The couple had two children, John and Andrea. Their marriage ended in divorce.

In 1959, Herzog married Julie Chamberlain d'Estournelles, the executive director of the Woodrow Wilson Foundation
Woodrow Wilson Foundation
The Woodrow Wilson Foundation was an educational non-profit created in 1922, organized under the laws of New York, for the "perpetuation of Wilson's ideals" through publications and support of research. Franklin D. Roosevelt was the national chairman, and there were local chairmen in each of the 48...

. She had two children from two previous marriages, Judy T. Cullen and Alexander Trowbridge (himself United States Secretary of Commerce
United States Secretary of Commerce
The United States Secretary of Commerce is the head of the United States Department of Commerce concerned with business and industry; the Department states its mission to be "to foster, promote, and develop the foreign and domestic commerce"...

 from June 14, 1967 to March 1, 1968). Julie Herzog died in May 1980.

In 1981, Herzog married the former Elizabeth Peterson Andrews. She survived him upon his death, along with Herzog's two children and two stepchildren.

External links

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