Every evening, Wilmington daily commercial., 1922-01-10
?. R. R. CLAIMS j. s.
! LABOR BOARD HAS
EXCEEDED POWERS
otatsmsnt Issued by the Com
pany Giving lts Position
In the Matter.
LEGAL QUESTION INVOLVED


rcurt. To- determine the turisdictio
NJ ,ha United States Railroad I-abo
Beard II published In the currer
number of ,lw Pennsylvania Stan
Iiard.' which Is issued from time {
time fcr the Information OF the pub
llc and employees. Following IL IN
summary of the matter:
A. an obligation To it's employs
and ~ the intores, of the servic
We are expected 60 render the pub
lic, the Pennsylvania Railroad c,
has instituted legal proceedings in IN
United states Distric, Court In CHI
raso. The management wants ever
emrloye to know why. this step ha
been taken.
Ever since the Labor Boards a,
cision on tho election ~ employe rel
lescniative- I'm the shop crafts. "
have sought to show the board:
!. That the board has exceed
ed i's authority under the Trans
por'ation Act In making this de-
cislun.
2. Tha, the company has been
trying simply and solely 20 re-
establish n contendcd and harmo-
nious relationship with It's own
employees In order Co he I'm n posi-
tior 20 render better service 20
the public through appealing 90
the loyaity Of cur employees. To
that end the company offered all
employees voice IN deciding mat
tcts aTectinr their own welfare
through cmploye representatives
OF their own selection. whether
union or ncn-union men.
\. That the great majority OF
our employees are satisfied with
this policy and practice and with
the rules and working conditions
that have been mutually agreed
uron,
4. THAT the company intends
and ia willing 20 comply In all
respect. with the provisions Of
the Transportation Act and 20
submit itself 90 the Jurisdiction
OF the Labor Board in all mat
tcrs cosnixshlc hereunder.
8. That the company has not
violated any lawful decision of
tho Labor Board. and
Q, That the boards decision in
this case would destroy the valid
~ of contracts freely entered in
o. between the company and It's
employees and thereby intict ir-
repnfahlo injury upon the COM
rany and its employees.
Tho Labor Board. however. has r.
fused 60 recognls. our positio
Furthermore. We are informed tn.
under Section aia 90 the Transport,
flon Act, the board intends % puhlis
an opinion that the company hs
violated the law Notwithstanding n
fact that tho board. In our iudrmon
had no iurisdiction 20 render the a.
cision which the company Is allegs
to have violated.
In our opinion. any such finding c
tho part OF tho Labor Board not on
would cause unwsrranted and unjust
Ned injury 20 the company and 4
employees, h9' also would constitu
an attack upon the character Of q
service. We are expected 90 render n
public.
For tho board 20 publish such
opinion would tend % create III
satisfaction and discomfort amor
our employees, n would result In q
liquidation ~ contracts mutual
srrccd upon between the manag
n.nt and employees regardless OF tn,
ilsincs- and rrasonahlcncss.
would result IA n multiplicity of Ia
tulis growing out 81 the uncertain
that would surround rules and worl
ins conditions already agreed up,
nnd now in effect
IN such circumstances. the cor
rsny has no adequate remedy exec
:, appeal 90 the courts.
In this connection. attention
called ~ the attitude " the Lab
board toward such proceeding
Indicated IN the following.
on pctohar 20. 1891. when the Pen
rvl,ania Railfpsd Co. appeared befo
the board through itr general couns
the chairman of the board said at q
conclusion ~ the comnanys stat
nient. 9Th. only question raised seer
a. ho rs 90 our jurisdiction. on whh
we have heretofore passed. and viii
!. IA purely legal question"
On November \. 1921. IN respon
a. IN. companv's request FOR VI co
ference TO consider poss hle legal pr
ceeiinrs 20 determine the boards IN
isdlctiun the chairman stated IN
letter 20 the general counsel of q
company "if any party is Injured
the boards assuming or exercise,
~ excess ~ Jurisdiction. there our
a. he some iseal method Tor the in,ur
party 80 avoid or restrain this iniui
but so Far I can think of no legal WI
l. which the board can appeal 10 Al
court or judicial authority 90 def
or prescribe the limits " its jurlsdl
iicn"
II N our position that while &
Labor Board was created 90 be
card ~ mediation and arbitfat!c
I, act In disputes arising over wag
md WORKING conditions. Il has go
beyond tina, scope and has assum
IN. role ~ an administrative bo.
and has Invaded the proper donna
cf railroad management.
II IL purely LEGAL question. but I
exercise ~ tho function assumed
the board In this case strikes at [
fundamentals of proper relatioasf
h,iw..n employer and cmploye. a
r. Justice a. the public ms well as
our employees We feel that IL IL O
duty 90 ascertain In the only mann
l.ft open 10 us what are our les
obligations.