United States Employment Service (USES), which was a part of the War Manpower Commission (WMC). The WMC, aware that PTC had a pool of black employees seeking upgrading, asked the PTC to allow hiring of black employees for the vacant motormen positions. The PTC refused, again citing the "customs clause" of its union contract. After a complaint from the NAACP, the matter landed at the FEPC, headed at the time by Malcolm Ross. The FEPC made a series of unsuccessful attempts to convince the PTC management and the union leadership to change their stance and to allow promotions of black employees to non-menial jobs. The PTC eventually conceded that it would be willing to go along with the government's request and "employ Negroes, provided they are acceptable to fellow-workers", but the PRTEU leadership, particularly Frank Carney, staunchly resisted. On November 17, 1943, the FEPC issued a directive requiring that PTC end its discriminatory employment practices and allow blacks to hold non-menial jobs. The directive also required the PTC to review all job applications from June 1941 and redress earlier employment abuses based on racial discrimination. The union immediately protested and requested a public hearing, which took place on December 8, 1943. At the hearing the union tried to make the argument that hiring blacks who had applied for the non-menial positions since June 1941 but were denied would adversely affect the seniority rights of the presently employed white workers. Malcolm Ross rejected that argument, pointing out that the seniority rights only begin when an employee is actually hired for a particular job. On December 29, 1943, FEPC issued a second directive, reinforcing the first one. In an attempt to deflect the pressure, Carney and PRTEU contacted Virginia congressman Howard W. Smith, who at the time was the Chair of the House Committee to Investigate Executive Agencies. Smith, known for his segregationist views and eager to embarrass and possibly destroy the FEPC, quickly scheduled a hearing. In the meantime, the union informed the PTC that it refused to comply with the FEPC order, and the PTC management told Ross that, given the union's position, the PTC would not comply with the FEPC directive either. The hearing in front of Smith's committee took place on January 11, 1944. The hearing was inconclusive, with Ross reiterating the FEPC position, and the union representatives falling back on the "customs clause" and their claims about