The New York herald., 1921-09-26
PENN R. R. DEFIES
RAIL LABOR BOARD
On Eve of Hearing Asserts
Right to Deal With Its
Own Employees.
ATTACKS NOVEL RULING
Rea's Letter Refers to U. s.
Supreme Court Decisions
to Support Position.
ATTACKS NOVEL RULING

PHILADELPHIA. Sept. 25.-The Penn
present any oral evidence at the hear
ing granted Ii by the United States
Labor Board in connection with the
shop crafts committee election dispute.
The hearing Is set for tomorrow at
Chicago. The company tonight made
public letter from Samuel Rea. presi-
dent of the road. to the board IN which
he states that In view of the fact that
the board had declined to hear the COM
pany upon the issues OF law and fact
presented in it's application for the hear
ing and had limited the hearing to
three points. the company has nothing
to present. The letter will be filed with
the board tomorrow by representative
OF the company.
Mr.. Rea says the carrier asserts
and will exercise it's right to deal with
its own employees without the interven-
tion OF individuals or organizations
whose manifest object ia 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
The company on August "a asked the
board to set aside its decision calling
for new election OF shop crafts com
rnittee to arrange rules and working
conditions and requested hearing to
submit oral evidence. On September ls
the board granted the corDpany's re-
quest but limited tho hearing to three
points. They are:
What employees not in the active SER
vice OF the carrier. such as men laic
off, furloughed or absent upon leave,
shall participate IN the election OF COM
mittees: how the representative capa-
city of spokesmen of unorganized en-
ployees shall be ascertained, and per-
Initting the carrier TO offer evidence OF
the adoption or ratification OF its shop
craft rules by representatives OF the
crafts fairly selected by majority of
the employees of that class.
Mr. Rea in his letter also gays
"The carrier reminds the board that
In its application 1t asked the board to
find, In It's pursuance of the transporta-
ton act, that the carrier has the lawful
right TO establish rules and. working
conditions in the first instance, either
with or without first holding conferences
with its employees. and that the con-
tracts respecting rules and working con-
ditions heretofore entered into by the
carrier and its employees In the shop
crafts are now in full force and effect
without further action on the part OF
the carrier 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 declined to hear the
carriers upon the issues of law and fact
presented II In its 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 rs.
"The carrier notes that IL 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 determin-
ing the respective rights of employers
and employees. and decides that 'hither-
to unquestioned legal rights must give
way to the boards views of what Is
just. fair and reasonable as between the
parties and the public.
The carrier cannot accept these
views of the board, novel and even start
ling though they may be. and IL fol-
lowed TO their logical conclusion revolu-
tionary in effect. 1t does not believe
that the transportation act has deprived,
or was intended by Congress 10 deprive.
either employers or employees or their
CONSTITUTIONAL ana legal rights as es-
tablished by sthe Supreme Court and
other courts of the United States. :. +. :.
'The carrier states finally that IL has
not denied and is not now denying the
jurisdiction of the labor board TO hear
and. 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 en-
ployees."