New-York tribune., 1918-06-30
Is Supreme Court of
Appeal in All Dis
putes Backed by
Approval of Presi-
dent and Public

given him and the good will Of the
United States government, which
pays his salary. In the majority of
cases, perhaps, this kind of mediation
succeeds. It it fails the mediator
goes home, and now that the Ma
tional War Labor Board has been
founded the case usually comes up to-
it. In fact, the National Board is
not supposed to hear a case except
all other means of settlement have
been invoked and have failed.
How the Board
Gets to Work
Now, the National Board has sew
eral kinds Of services to offer. The
first is mediation and Cancellation.
Either the board as whole or
section or committee of the board,
consisting of one representative of
capital and one Of labor, conducts a
hearing, conferences, Negotiations
whatever circumstances may de-
mand-with a view to getting both
parties together by common consent.
When neither the board nor a pair
Of members of the board undertake
this an examiner is designated to
represent the full board and try his
hand. Mediation by the War Labor
Board has this advantage over me-
diatior Y the United States Depart
ment c Labor: that department is
trade union department., it legally
represents the interests of labor, and
its mediators, therefore, fair men as
they are, are nevertheless naturally
regarded by the employers side of.
controversies as partial. As one
representative of an employer de-
scribed certain Department of
Labor mediator: "He is perfectly i'm
partial; he doesn't care which union
he sides with" AS matter of fact,
this charge of partiality is better
borne out in psychology than it is in
fact, but psychology has much to do
in keeping the peace.
Failing mediation and conciliation
the War Labor Board next offers
arbitration. This simply means that
it gets both sides to agree to place
the matters in dispute in it's hands,
agreeing further to abide by the
final decision. But such a decision
must be unanimous to be binding.
If all members cannot agree, the
system further provides for the ap-
pointment of an umpire, to be Sc
lected by lot from a list approved
by each side, who is to sit with the
board and cast the determining vote.
The Moral Force
Behind the Board
All these processes unfortunately
require time, and time is the most
valuable and critical element in la
Dor disputes. A controversy does
not. reach the National Board until
all other means have been exhausted
and both sides-or one side-are ex-
asperated. The men may be i'm
patient and eager to strike, if only
to see something doing" The man.
agement may feel that the trouble
will completely blow by if negotia-
tions can be prolonged. Whatever
the exact nature Of the situation, it
is liable to be acute. The injection
of new and unknown element into
the field may we'll arouse distrust,
and the delay which is necessary for
new body to get to the spot, in
yestigate for itself, report back and
secure decision is something which,
although it cannot be avoided, is
dangerous and menacing to the final
peaceful outcome. Hence it is most
necessary that back of the National
War Labor Board there should be a
readily rts7;1i EXPRESSED J public Ip opinion,
and policies agreed to by capital, la
Dor and the government. For it is
chiefly to public opinion, sanely in
terpreting these policies, that the
government is looking to invoke that
moral force on which it is relying to
keep the war industries alive and
going while the Hun is still at large.
Supreme Court Of
| Appeal in Labor Cases
The War Labor Board is, after all
kind Of supreme court of appeals
for labor cases. 1t is extra-legal.
1t exists by the divine right of COM
mon consent. 1t is chartered by
capital, labor and government. 1t is
/ judicial and legislative in the same
sense that the courts are judicial
and legislative in their interpreta-
tions of law and rulings. 1t is not,
as enormously reported in certain
| publications, a subsidiary Of any de-
partmental board or committee in
the government It's joint chairmen
do not sit under any other chairman.
It's acts are unaffected by anything
but what it determines itself in tho
light of the agreement out Of which
it was born and by which it lives and
operates. The War Labor Board falls
just short of establishing compul
sorry arbitration, long desired by the
er1nlovinr interests and as 1ono