The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-07-25
Will Simply Make Best Use
of What Is Mined and of
Railroad Equipment
NO WAGE AGREEMENT
WITH ANY STRIKERS
Senator's Say No Legislation Can BE
Enacted Compelling Strikers to Return
to WoTt-Court Decides for Labor
Board in Pennsylvania Case.
By DAVID LAWRENCE.
(SnpciaI Dnsnatnl, Il. ILL., Rnfn,,,,.,,.

Npp1Iial DtspdlCU TO Inc heI0rlner.t
Copyright 1922.
WASHINGTON, July 25.-Govern-
ment measures to relieve the emergency
in the rail and coal strike amount at
the moment simply to regulation There
is to be no control of the railroads in
tie sense in which such powers were ex-
ercised during the war; There is to be
no seizure of coal properties by the fed
eral government But the federal gov
ernment will lend its help in the alloca-
ton of such coSl as is mined and in the
movement of such trains as have the
men and equipment to keep them NOV
ing.
The impression that the government
viii take over railroads and mines and
make wage agreements with employees is
erroneous. The steps taken BY the fed
eral government 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 compelling men to re-
turn to work on the railroads
Senators seem agreed that no legisla-
| ton can be passed which can compel
| strikers to return to work The issues
| remain virtually the same-the decision
rests entirely with the railroad execu-
| tives and coal operators on the one hand
and the labor unions on the other.
Important Decision
| Meanwhile a decision of far-reaching
Importance has been handed down by the
| United States circuit court Of appeals
which practically settles a collateral is
sue which has been sore spot in the re-
| lations between railroads and their EN-
| pioyes in the east for some time.
The Pennsylvania road has insisted
/ that any agreements reached by it with
/ duly elected representatives of work
men are valid and binding on all the
rest Tile question of what duly
elected" means has forced the question
| into the courts. The Pennsylvania held
an election and distributed its own bal
| lots and the American federation of la
| Dor through its Representatives issued q
/ 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 de
| termine the legitimate representatives OF
| the workmen. The PENNSYLVANIA rail
/ road insisted that the labor board had
! junction in federal court to restrain
! the labor board from proclaiming this
fact that the Pennsylvania had violated
| a decision of the labor board.
Court of Appeals Reverses.
II 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 tht
| conduct of elections whereby spokesuer
| are appointed to represent workmen
! The decision of the court makes il clear
| that the PENNSYLVANIA railroad can re
fuse to recognize any representative OF
| the workmen for any reason whatsoever
| irrespective of whether they are EN-,
| ployes of the road or duly elected but
-if that's the case, then, under the trans
! portation act, the railroad labor board
can take cognizance of the dispute and
| issue a decision. The Pennsylvania
claimed that the labor board had power
| only when there was a joint submission
/ of the controversy whereat the court
pointed out that it would be easy for
| either side to deadlock the matter and
prevent the labor board from taking a
! hand. situation in which the law it.
self did not intend should follow.
SO now workmen can elect their own
| representatives and choose an organiza
| ton to elect them if they wish and the
| Pennsylvania railroad cannot set up it,
own group of representatives through an
election of its own making and claim it
| has agreed with its men and there is no
controversy simply because alleged
spekesmen of the employees have signed
a wage agreement or any other docu-
ment governing working conditions
Gives Prestige 20 Labor Board.
The United States labor boards pres
tige has been enhanced by the decision
and the question now turns upon
whether the PENNSYLVANIA railroad will
obey the labor board or continue its
fight to a higher court.
Samuel Gompers has said if the rail
roads were to obey decisions of the la
would contribute greatly to the conf
dence of workmen in the board and in
the governments sense of even-handed
Justice. The decision of the circuit
court is, therefore, a 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