The Washington herald., 1922-08-19

always a safe assumption that a
government agency of adjustment
deciding unjustly will be quick to
make right any wrong.
Wage Adjustments Resisted.
The Railroad Labor Board wcs
created by Congress for the express
purpose of hearing and deciding
disputes between the carriers and
their employees. so that no contro-
versy need lead to an interruption
in Interstate transportation.
1t was inevitable that many wage
disputes should arise. Wages had
mounted upward. necessarily and
justly. during the war upheaval.
likewise the cost Of transportation.
so that the higher wages might be
paio. 1t was inevitable that some
readjustments should follow. Ma
turaliy these readjustments were
resisted. The administrative gov
ernment neithe. advocated nor op-
posed. 1t only held that the Labor
Board was the lawful agency of the
government to hear and decide dis
putes ard its authority must be sus-
tainei. as the law contemplates.
This must be so. whether the car
riers or the employees ignore its de-
cisions.
Ignored by Carriers.
UnhappiIy a number of decisions
of tvs board had been ignored by
the carriers. In only one instance.
however. had decision challenged
by a carrier been brought to the
attention of The Department of
Justice. and this decision was
promptly carried to the courts and
has recently been sustained in the
Federal Court Of Appeals. The pub
lie or the Executive had no. know
ledge of the ignored decisions in
;tler cases. because they did not
hinder transportation. When these
failures of many OF the carriers to
abide by decisions of the board were
brought to ry attention / could
more fairly appraise the feelings of
the strikers, though they had a
remedy without seeking to para
lyze interstate commerce.
The law creating the Railroad
Labor Board is inadequate. Con-
trary to popular impression, 1t has
little or no power to enforce its de-
cisions. 1t can impose no penalties
on either party 6isregarding it's de-
cisions. 1t cannot halt a strike, and
manifestly Congress deliberately
omitted the enactment of compul-
sorry arbitration The decisions OF
the board must be made enforceable
and effective against carriers and
employees alike. But the law is new.
and no perfection of 1t by Congress
at this momen, could be helpful in
the prauaot threataped paraIysio of
transportation.
Ventures CpOn Mediation
Happily. 1t is always lawful and
ofttimes possible. to settle disputes
outside of court, so, in a desire to
serve public welfare. I ventured
upon an attempt at mediation.
Those who had preceded me in at
tempted settlements had made some
progress. 1 submitted to the off,
ciais of the striking employees and
the chairman of the Association Of
Railway Executives, in writing, on
the same day, a tentative proposal
for settlement. Knowing that some
of the carriers had offended by ig-
noring the decisions of the board
and the employees had struck when
they had a remedy without the
strike, felt It was best to start
all over again, resume work. all to
agree to abide faithfully by the
boards decisions, make It a real
tribunal of peace in transportation,
and everybody serve the public.
The barrier to be surmounted
was the question of seniority. By
the workmen these rights are held
to be sacred. and unsurrendered by
a strike. By the carriers the pres
ervation of seniority is the weapon
of discipline on the one hand and
the reward OF faithful employees on
the other. 1t has been an almost
invariable rule that when strikes
have been lost seniority and it's
advantages have been surrendered: :
when strikes have been settled
seniority has been restored.
Urged No Determination,
In the tentative proposal which
sponsored 1t was provided that
everybody should go to work, with
seniority rights unimpaired, that
there should be no discrimination
by either workmen or carriers
against workmen who did or did
not strike. I realized that the pro-
posal must carry a disappointment
to employees who had inherited pro-
motion by staying loyalty on the
job, and to such new men as had
sought jobs looking to permanent
employment, but I wanted the fresh
start and maintained transporta-
tion service. and I appraised the
disappointment of the few to be
less important than the impending
misfortune to the nation.
1t was not what / would ask
ordinarily to be considered or con-
ceded. but at that moment of deep
anxiety, with the coal shortage
gravely menacing. I was thinking
of the pressing demands of the well
fare of the whole people. I be-
lieved the sacrifice brought to the
men involved could be amply COM
pensated for by the carriers in prac-
tical ways. believed that the
matter of transcendent Importance
was the acceptance of the proposal
to respect the Labor Boards de-
cisfon on the questions which
formed the issue at the time of the
strike. The public compensation
would be complete in guarding by
law against recurrence.
Railroads Reject Proposal.
The proposal was rejected by the
carriers. Though the rejection did
not end all negotiations, it left the
government only one course-to
call the striking workmen to return
to work, to call the carriers to as
sign them to work, and leave tho
dispute about seniority to the Labor
Board for decision. When negotia-
ton or mediation fails, this is the
course contemplated by the law and
the government can have no chart
Tor its course except the law.