Evening journal., 1921-09-26
'ENNSY SCORES
LABOR BOARD
Fharges 1t With Arrogating
Rights Contrary to Su-
preme Court Decisions
DAD WAVES
HEARING TODAY

Ahe itnnSylNdnld 1dllFodd COM J
|ayn will not present any oral evil
ance at the hearing granted It by
| be u. S. Railroad Labor Board In
|nnection with the shop crafts COM
ittee election dispute. The hearing
] set for today at Chicago. The
''mpany has made public a let
n from President Samuel Rea, to
Le board. in which he states that
view Of the fact the board had
|eclined to hear the company on
Iie issues Of law and fact presented
its application for the hearing and
ad limited the hearing to three
{oints, the company has nothing to
resent. The letter was filed with
e board today by a representative
the company.
! Mr.. Rea says the carrier asserts
pd will exercise its right to deal
ith its own employees without the
tervention Of individuals or organ
tations whose manifest object is the
nial Of the fundamental right of
Employer and employees to deal in
e first instance directly with each
her respecting wages and working
-nditions in which they alone are
Irectly interested"
I The company on August "a asked
e board to set aside its decision
Hing for a new election OF shop
afts committees to arrange rules
ID working conditions and request
a hearing to submit oral evidence.
p September 10 the board granted
company's request, but limited
e hearing TO three points. They
e:
What employees. not in the active
Il rvice OF the carrier, such as men
7qd of. furloughed or absent upon
p lve, shall participate in the election
committees; how the representa-
fe capacity Of spokesmen OF un-
ganized employees shall be ascer-
( ined. and permitting the carrier TO
FER evidence Of the adoption or rat
& cation Of its shop craft rules by
VI representatives Of the crafts fairly
s lected by a majority Of the en-
I Dyes Of that class
Al Mr.. Rea. in his letter. also saws:
''The carrier reminds the board
s. its application IL asked the board
81 md In pursuance OF the transpor-
+ ton act that the carrier has the
awful right 10 establish rules and
a prking conditions in the first in
6 ance, either with or without first
* blding conferences with its employ
& and that the contracts respect
~ Is rules and working conditions
# retofore entered into by the car
pr and Its employees in the shop
t3afts are now in full force and ef-
20 without further action on the
s. rt OF the carrier and its employees
81 the said shop crafts The board
refused to grant a hearing and
& make such finding. and has in all
&, ,spects declined TO hear the carriers
g. pom the issues Of law and fact pre-
|@4 nted in its said application. II fol-
Tws. therefore. that there is moth
S. Is for the carrier to present in the
lay OF oral evidence on the day
r ed by the board. September 26.
s The carrier notes that II is re-
+. rred by the board 20 its decision
s. which the board Grrogates to it.
Il II the right to ignG'e the decisions
the Supreme Court OF the United
ates determining the respective
ghts OF employers and employees.
E Id decides that hitherto unques-
s. i)ned legal rights must give way
s. the boards views Of what is just.
's. ir and reasonable as between the
&. rties and the public.
W THE carrier cannot accept these
ews of the board. novel and even
81 artling though they may be. and
9 followed to their logical conclu-
on. revolutionary in effect. Il does
It believe that the transportation
{ has deprived. or was intended d
Congress to deprive, either en-
oyers or employees Of their consu-
| tional and legal rights as estab-
he'd by the Supreme Court and
her courts OF the United States
The carrier states finally that II
- Is not denied and is not now deny.
the jurisdiction Of the labor
to hear and decide such dis
ties as fall within the purview OF
~ transportation act. but Il denie:
M right OF the board to invade
domain Of management and &c
~ sert jurisdiction over grievances Of
hatsoever kind and character ir
nnection with the employment, th'
scipline and the discharge OF it'
||+| n nfovoq