The Washington herald., 1921-09-20
Board Rules Road Must
Deal With Organi-
cations.
OPEN SHOP DRIVE
SUFFERS SETBACK
System Had Been Desig-
mated to Lead the
Fight.

CHICAGO. Sept. 19.-The open
shop movement received a sharp
setback late today when the United
States Railroad Labor Board ruled
that the Pennsylvania Railroad
must deal with labor unions as or
ganizations.
Refusal of the Pennsylvania to
negotiate with a majority of its
employees would be nothing more
or less than a denial and repudia-
tion of the sovereign will Of the
United States as expressed by Con-
gress," the board declared.
Penn Headed Fight.
The board declined to grant a
hearing on the contention of the
Pennsylvania that A. should be per-
mitted to deal with employe rep
resentatives not members of labor
unions The road had challenged
the authority of the board to force
it to deal with organized labor and
according to railroad labor lead
ers, had been selected to lead a
night for the open shop"
OF the hundreds OF disputes
brought before it. the board as
serted, less than five were brought
oy and for unorganized employees"
Right to Organize.
IF members of any class wish to
Join a union they have that right"
the board declared. IF they de-
q union at any time, they have that
right II they or a majority of
any class want a union or its off,
GERS to represent them, they have
tnat right. If they. whether union
men or not. want other individuals
10 represent them, they have that
right
Neither the board nor the man
agement Of the Pennsylvania sys-
tenn has the right by any kind of
plan or movement to dictate as to
who shall be their representatives.
Any attempt to do so is an unau-
thorized assumption of power"
The Road. Stand.
The position the PENNSYLVANIA
Railroad has taken. according to
the board, practically Is that IL has
the sole right to proceed in its
own way In the selection of the
delegates who are to represent the
employees; that 1t, and it alone, has
me right to prescribe the plans
and conduct the proceedings and be
the sole Judge of the results: and
that any Judgment, opinion, direc-
tton or regulation by the hoard Is
unauthorized interference with the
prerogatives of the carrier.
The mere statement by the Penn
sylvania Railroad of its position
would seem to carry its own an
swer," the board said. TT must be
evident to everyone that If this prac-
tice should prevail there would be
no real conferences, no liberty of
action left to the employees, and that
there could be no real negotiations
and settlement Of matters in dis
pute."
Unions I'm Controversies.
The board pointed out. in a long
review of past proceedings, that
Congress by the transportation act
had delegated to the Labor Board
the power to settle disputes between
the carriers and the unions, and
that in dealings in the past practi-
cally all the controversial matters
were between the labor unions,
recognized as such, and the carriers
While denying the Pennsylvania a
hearing upon the right to refuse to
deal with its organized employees.
the board granted the road an oral
hearing to present its views on the
following matters:
1. The question as to what en-
ployes. il any, not in actual and
active service of the carrier. such
as men laid of. furloughed. or abb
sent on leave. shall be permitted to
vote in the selection of representa-
tIves 70 negotiate agreements on
rules and working conditions.
The Unorgnnized.
.. The question of how the repre-
sentative capacity of the spokes-
men Of unorganized employees shall
be ascertained
II was also announced that at
this hearing the Pennsylvania will
be permitted "to offer such evidence
as il may see fit" on adoption or
ratification of its shop craft rules
BY the representatives of said crafts
fairly selected by a majority of the
employees of that class.
The hearing will be September &c.