Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-07-28

PUBLIC BOARDS
MAY CONTRACT
WITH uNI0NISTS
(By A. F. of l.. News Service)

tKy A. r. OF j.. News SefNice)
Chicago.--ln brief prepared by
Victor A. 0lander, secretary of the
state federation of labor, the trade
unionist used decisions by the state
supreme court, justifying the dis
charge OF union teachers, TO sustain
organized labor's demand that the
commissioners of this county give
preference to organized workers, and
to residents of the county.
In his brief Secretary 0lander
called attention to a decision by the
state supreme court in the case Of a
Chicago school teacher who was dis.
charged because she belonged TO a
trade union. In upholding the board
of education In its dismissal Of the
teacher, the supreme court said:
''The board is not bound to give any
reason for its action. II is free to
contract with whomsoever il chooses.
Neither the constitution nor the stat
ute places any restrictions upon this
right of the board to contract, and no
one has any grievance which the
courts will recognize simply because
the board of education refuses to con-
tract with him or her. Questions OF
policy are solely for the determine
ton of the board, and when they have
once been determined by 1t, the courts
will not inquire into their propriety."
"The plain meaning of the decis-
ion," said Secretary 0lander, lis that
the state, acting through one of its
agencies, the board of education OF
Chicago, In the adoption of the rule
referred to, did not act in It's sovereign
L..t - anfaA ms. am.
ployer or party to a contract. The
difference Is, of course, OF vital I'M
portance.
ut will be conceded by everyone,
we believe, that the state legislature,
representing the state in its sovereign
capacity, has no power under the con-
stitution to enact law of general
application as effecting all teachers
within the state similar to the rule
adopted by the Chicago board Of edu-
cation which had application to the
teachers employed by that board.
IF the legislature, the supreme
law making body of the state, were
to enact bill declaring it unlawful
for any teacher in Illinois, including,
of course, the teachers In private
schools and colleges. to hold member
ship in such organizations as were
prescribed by the rule of the Chicago
board of education as above referred
to, would such act be constitutional ?
Certainly not.
"How is it, then, that a board Of
education, a subordinate agency Of
the state, has the power to declare
such rule as effecting the teach
ers employed under its jurisdiction
"The answer is, of course that the
board was acting as an employer and
in this capacity it had the same right
as any other employer"
Secretary 0lander made this refeB
ence to the Lowest bidder" feature Of
public contracts:
"When the lowest bidder on con-
struction job under the jurisdiction
Of the board has the work performed
under conditions that are destructive
to skill and efficiency in industry, 1t
is placing upon the taxpayers Of the
community a cost not mentioned in
the contract.
"The best interests of the taxpay-
ers, who, by the way. include mem
bers of organized labor, and resident
labor, therefore require that the pub
lie work within the county should be
done in accord with the proper stand
ards that operate to maintain and
develop skill and efficiency so neces-
sary to truly economic production OF
all kinds"