Evening star., 1921-09-26
PENNSY DECLINES
TO REOPEN CASE
Continued from First Page.)

CONTINUED from First Page.l
will not present any or all evidence
at the hearing granted it by the United
States Labor Board in connection with
the shop crafts committee election
dispute. The hearing is set for today
at Chicago. The company has made
public a letter from President Samuel
Rea to the board in which he states
that in view of the fact that the board
had declined to hear the company upon
the issues of law and fact presented
in its application for the hearing and
had limited the hearing to three points,
the company has nothing to present.
The letter will be filed with the board
tomorrow by a representative of the
company.
Mr.. Rea says the carrier asserts
and will exercise it's right to deal with
it's own employees without the interven-
tion of individuals or organizations
whose manifest object is the denial OF
the fundamental right of employer and
employees to deal in the first instance
directly with each other respecting
wages and working conditions in which
they alone are directly interested
Asked Decision Set Aside.
The company, on August "a. asked
the board to set aside its decision call
ing for a new election of shop crafts
committee to arrange rules and work
ing conditions and requesting hearing
to submit oral evidence. On Septem-
ber 19 the board granted the COM
pany's request, but limited the hearing
to three points. They are:
What employees not in the active
service of the carrier, such as men
laid off. furloughed or absent upon
leave, shall participate in the cleo
ton of committees; how the repre-
sentative capacity of spokesman of
unorganized employees shall be ascer-
tanned. and permitting the carriers
to offer evidence of the adoption or
ratification of its shop craft rules
by representatives of the crafts fair
ly selected by a majority of the en-
ployes of that class.
Mr.. Rea in his letter also says:
"The carrier reminds the board that
in it's application it asked the board
to find in pursuance of the transpor-
tation act that the carrier has the
lawful right to establish rules and
working conditions in the first in
stance, either with or without first
holding conferences with employees:
and that the contracts respecting
rules and working conditions hereto
fore entered into by the carrier and
it's employees in the shop crafts are
now in full force and effect without
further action on the part of the car
rier and its employees in the said shop
crafts. The board has refused to
grant a hearing and to make such
finding, and has in all respects de-
clined to hear the carrier upon the
issues of law and fact presented it
in it's said application. 1t follows,
therefore, that there is nothing for
the carrier to present in the way of
oral evidence on the day fixed by the
board, September 26.
1.-THE carrier notes that it is referred
by the board to its decision. in which
the board arrogates to itself the right
to ignore the decisions Of the Supreme
Court of the United States determining
the respective rights of employers and
employees, and decides that hitherto
unquestioned legal rights must give
way to the boards views of what is
the parties and the public.
1.-The carrier cannot accept these
views of the board, novel and startling
though they may be, and, II followed to
their logical conclusion, revolutionary
in effect 1t does not believe that the
transportation act has deprived, or was
intended by Congress to deprive, either
tutional and legal rights as established
by the Supreme Court and other courts
OF the United States.
1.-THE carrier states finally that 1t has
not denied and is not now denying the
Jurisdiction of the labor board to hear
ana decide such disputes as fall within
the purview of the transportation act,
but 1t denies the right Of the board
to invade the domain of management
and to assert jurisdiction over griev-
ances of whatsoever kind and character
in connection with the employment
the discipline and the discharge of its
employees"