The labor world. [volume] (Duluth, Minn.) 1896-current, 1922-09-02
HAVE RIGHT TO
MAkEC0NTRACT
WITH UN|0N|STS
Public Boards and Schools
Nav Deal with Trade Unions.

Chicago, Sept. In brief pre-
pared by Victor A. Olander, secre-
tary Of the state federation OF
labor, the trade unionist used de-
cisions by the state supreme court,
justifying the discharge Of union
teachers, to sustain organized Ia
boris demand that the commission
ers of this county give preference to
organized workers, and t. residents
Of the county.
In his brief Secretary Olander
called attention to a decision by the
state supreme court in the case of
a Chicago school teacher who was
discharged 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. 1t is free
to contract with whomsoever it
chooses. Neither the constitution
nor the statute places any restric-
ions upon this right of the board to
contract, and no one has any griev-
ance which the courts will recognize
simply because the board of educa-
ton refuses to contract with him or
her. Questions of policy are solely
for the determination Of the board,
and when they have once been de-
termined by it, the courts will not
inquire into their propriety.'
The plain meaning of the deci-
sion," said Secretary Olander, lis
that the state, acting through one
Of it's agencies. the board of educa-
ton of Chicago, in the adoption OF
the rule referred to, did not act in
it's sovereign capacity, but simply
acted as an employer or party to a
contract. The difference is, of course,
of vital Importance.
1T will be conceded by everyone,
. we believe, that the state legislature.
representing the state in its sovereign
capacity, has no power under the
constitution to enact a law of gen.
eral application as effecting all
teachers within the state similar to
the rule adopted by the Chicago
board of education which had appli-
cation 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
ing, of course. the teachers in pri-
vate schools and colleges, to hold
membership 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 d,clare
such a rule as effecting the teach
ers employed under its jurisdiction
The answer is. OF course, that
the board was acting as an employ
er..and in this capacity it had the
same right as any other employer"
Secretary Olander m:.de this ref
erence to the Lowest bidder" fea-
ture Of public contracts:
when the lowest bidder on a
construction job under the jurisdic-
ton Of the board has the worl: per-
formed under conditions that are
destructive to skill and efficiency
in industry, it is placing upon the
taxpayers of the community a cost
not mentioned in the contract.
The best interests of the tax
payers, who. by the way. include
members of organized labor, and
resident labor, therefore require
that the public work within the
county should be done in accord
with the proper standards that OPP
crate to maintain and develop skill
and efficiency so necessary to truly
economic production of all kinds"
WOMEN'S RIGHTS LAW WINS.
Milwaukee, VISA "women's
rights" law, enacted last year by
the state legislature, has been up
held here in the case of d teacher
discharged under a rule forbidding
married women to teach. The teach
wac Nr6oreI tot flo o@,,.t