Evening star. [volume] (Washington, D.C.) 1854-1972, 1922-05-06
ruling NOT BLOW.
TO LABOR BOARD
Government as Well as Rail-
road Gained, View of Fed
eraI Lawyers. ''
BY David LAWRENCE.

Careful study of the decision of
Judge Page in the federal courts of
chicago awarding victory to the
pennsylvania railroad in it's contro-
versy with the United States Railroad
Labor Board has brought government
lawyers to the conclusion that first
Impressions of the decision as circu-
lated in the press were erroneous and
That the verdict was by no means a
blow at the Railroad Labor Board
In fact, it now is doubtful whether
the government will appeal the case
to higher court. The reason is that
close inspection of the decision reveals
that the point decided is relatively not
essential to the successful operation Of
the Railroad Labor Board in the future.
On the other hand, the statement of
Judge Page that the law creating the
iaoor board is constitutional and that
decisions of the board must be respect
cd Is considered of far more signif-
canoe.
Points Won by Railroad.
The Pennsylvania railroad, Incl
dentally, won. from its viewpoint. an
important point. The controversy
arose over the attempt of the Rail,
road Labor Board to prescribe rules
ana regulations whereby employees
OF the Pennsylvania would select
.helr spokesmen or representa- lives
Tor the so-called regional railway
adjustment boards which have been
provided for by law to settle disputes
over wages. working hours and con
oltlons. The Pennsylvania railroad
argued successfully that the United
states Railroad Labor Board did not
nave any right to tell any railroad
or any workmen for railroad how
tneir respective spokesman shall be
There have been many charges by
railroad workers that when provision
is made for the settlement of a dis
pute between Representatives of en-
ployers and employees" there is no
way to make sure that the COM
paates 90 not select friendly repre-
sentatlves or see to it that the bal
ioting brings out spokesman favor
apie TO a company's cause. The Unit
ed States Railroad Labor Board tried
TO overcome this difficulty by laying
down an explicit set of instructions
governing secret ballot in the cleo
ton of employees representatives.
me courts found that the Railroad
La Dor Board was not granted any
such right by the transportation act.
National Safeguard.
But 1t Is fact that the law does
enable the Railroad Labor Board to
take Jurisdiction over any dispute
which is likely to interrupt the ma
tions commerce, and there is a spe-
CHIC provision permitting the Rail-
!oao Labor Board to decide a dispute
II no conference between employees
ana employers had been held or il the
conference disagrees. Indeed, even
II so-called representatives of the
Workmen did agree to something
Whlch large body of their fellow
workmen who were organized in a
union or unorganized didn't like the
United States Railroad Labor Board
can take cogniZance Of the contro-
Versy on petition from any 100 work
men and thus get the case into its
nands for decision. So. after all,
even though the Pennsylvania Rail.
road or any other carrier retains the
right to prevent the United States
Labor Board from interfering in the
manner in which the employees pick
their spokesman, the law provides a
check against MISREPRESENTATION. And
that's why Judge Pages yerdict nm
that point isn't considered essential
OF much more importance do gov
eminent lawyers construe the re-
marks or Judge Page on the general
powers OF the railroad labor board.
He said in part:
Il have reached the conclusion tbo+
1t was the belief of Congress that the
results desired by the legislation
could be attained through the force
or public opinion. and that public
opinion would follow the publication
made' and would support the
| men. each of whom would have spe-
clal knowledge of the difficulties
within and the necessities OF the
group that he was chosen to rep
resent"
Made Clear First Time.
This Is the first time that a federal
Judge has made clear the scope of
the United States Railroad Board,
ana though he points out that no
penalty was provided by Congress
Tor violation of the TRANSPORTATION
act, Judge Page leaves the Impress
SION that neither employees nor en-
pioyers are safe in ignoring the de-
clsions of the board. He emphasizes
s,snincantiy the mandatory language
OF congress in the law which says:
"All decisions of the Labor Board
shall establish rates of wages and
salaries and standards of working
which in the opinion of the board are
just and reasonable"
This command of Congress to es-
tabllSh rates was at one time uues-
toned when the Interstate Com
merce Commission was first created.
but decision after decision showed
that the command of Congress had
to be obeyed and that it was consti-
tutional for Congress to make public
utilities obey the commission. Gov
eminent lawyers here believe the
Labor Board is going through the
same evolution and that the attacks
against it in the courts will onIv
tend to strengthen the agency which
congress has created to prevent rail-
road strikes.
(CopyriOhf 1Q0ol