Evening star., 1922-07-24
j. STRIKE POLICY
REGULATORY ONLY
Government Win Aid AIoca'
ton of Coal and Avail
able Trains.
CAN'T FORCE Men BACK
Senators Agree Compulsory Labor
Legislation Gould Never.
Be Enacted.
BY DAVID LAWRENCE.

Government measures to relieve the
emergency in the rail and coal strikes
amount at the moment simply to
troll of the railroads in the sense in
which such powers were exercised
during the war. There is TO be no
seizure OF coal properties by the fed
eral government. But the federal
government will lend it's help in the
ALLEGATION of such coal al Is mined
and in the movement Of such trains
as have the men and equipment to
keep them moving.
The impression that the govern
ment will take over railroads and
mines and make wage agreements
with employees Is, erroneous. The
steps taken by the federal govern
ment are merely to make best use Of
such coal production as is mined and
such railroad equipment as is avail
able. Nothing has been done yet by
the government toward increasing
the output Of coal or toward compel
ling men TO return to work on the
railroads.
still Up to Disputants.
Senators seem agreed that no legis-
lation can be passed which can force
strikers back to work. The issues
remain vtrtua6 " the same-the deci-
sion rests enfrely with the railroad
executives and coal operators on the
one hand and the labor unions on
the other.
Meanwhile a decision of far-reach-
ing importance has been handed down
by the United states circuit court
Of appeals which practically settles
Il collateral issue which has been
sore spot in the relations between
railroads and their employees in the
east for some time.
The Pennsylvania railroad has in
siste,l that any agreements reached
by 1t with duly elected representa-
tiNes OF workmen are valid and bind
Ing on al! the rest The question
forced the question into the courts.
The Pennsylvania held an election
and distributed its own ballots. and
the American Federation of .abor.
through it's representatives. issue,l
ballot and held an election. Neither
ballot was considered proper by the
United States Labor Board and
new election was ordered by the
board to determine the legitimate
representatives of the workmen. The
Pennsylvania railroad insisted that
the Labor Board had no right to in
terfere and obtained an injunction
In federal court to restrain the
Labor Board from proclaiming the
violated decision Of the Labor
Board.
Lower Ceurt Reversed.
Now comes the Circuit Court OF Ap-
peals and by reversing the lower court
sustains the power of the Labor Board
to prescribe rules and regulations for
the conduct Of elections whereby spokes-
men are appointed to represent work
men. The decision of the court makes
1t clear that the Pennsylvania railroad
can refuse 10 recognize any representa-
tive OF tue workmen for any reason
whatsoever. irrespective of whether they
are employees Of the road or duly elect
ed; but u that's the case then. under the
transportation act, the Railroad Labor
Board can take cognixance of the dis
pute and issue a decision. The PennsyI-
Vania claimed that the Labor Board had
power only when there was a joint sub
mission OF the controversy. wnersat the
court pointed out that it would be easy
for either side to deadlock the matter
and prevent the Labor Board from taxi
ing hand In q situation which the law
itself did not intend should follow
So now workmen can elect their
own representatives and choose an
Organization to represent them II
they wish, and the Pennsylvania rail-
road cannot set up Its own group Of
representatives through an election
of its own making and claim that it
has agreed with Its men. and THAI
there Ia no controversy simply be-
cause alleged spokesmen Of the EN-
ployes have signed 4 wage agreement
or any other document governing
working conditions.
Boards Prestige Enhaneed.
The United States Labor Boards
prestige has been enhanced by the
decision. and the question now turns
upon whether the Pennsylvania rail-
road will obey the Labor Board or
continue its light to a higher court.
Samuel Gompers has said that II the
railroads s1ere to obey decisions of
the Labor Board 1t would be a factor
which would contribute greatly to
the confidence of workmen in the
board and in the governments sense
Of even-handed justice. The deci-
sion of the circuit court Is therefore
q step which may help in restoring
the confidence of those who thought
the railroads could. through the
medium of the courts. interfere with
the workings Of the United States
Labor Board.
Copyright. 1927