Albuquerque morning journal., 1922-05-12

might result as the elimination OF
a labor dispute. All such disputes
shall be considered and if possible
decided in conferences between
the representatives designated ana
authorized so to confer by the en-
ployers and employees directly in
terested.
The proposed law thus contem-
plates the application of the prin-
ciple of collective bargaining in
1.-THE creation of unofficial machin-
cry which shall adjust minor diff
ferences and controversies, but
even this machinery cannot ac-
icomplish the desired end, then ap-
peal must be taken to the labor
board which represents not only
the miners and operators, but the
Public as well.
Three ways are proposed by
(which dispute may be brought be-
fore the board. First the board
shall take jurisdiction in a case up
on the application OF any operator
or organization of employees whose
members are directly interested in
the dispute; second, the board may
proceed upon the written petition
of not less than 100 unorganized or
,non-union employees who are di-
lrectly interested in the dispute in
question; or, third, the board may
act on its own initiative If it is of
the opinion that the dispute "is
likely substantially to interrupt
commerce" The board may thus
act in any dispute with respect to
wages. hours of labor and other
working conditions.
The board. once it has taken jur-
isdiction in a case, must render its
decision within sixty days, unless
this period is extended by agree
ment of the parties, and there can
be no decision by the board except
by the concurrence of at least five
Of the nine members, and at least
one member of the public group
must join in the decision.
No Penalty to Enforce Decisions.
NO penalties are provided for
violations of the decisions of the
labor board. When the transpor-
tation act was under consideration
in congress this question of Great
ing board without giving it power
to enforce its DEGREES was debated
at length, but in the end it was de-
cided wisest to leave such persons
as would not abide by the decisions
of such tribunal subject only to
the condemnation and opprobrium
that would be visited upon them
by public opinion. In the expert
ence of the railroad labor board
only one or two of its DEGREES have
been evaded or defied. and it is be-
lieved that public opinion can be
as efficacious in enforcing a labor
boards decision as any penalties in
the form of fines that might Ne
provided.
The board, however, does have
authority to compel the appearance
of witnesses and the production of
papers and documents. Affy mem
ber may require by subpoena the
attendance of any witness and the
production. of any book. paper, doc
ument or other evidence from any
place in the United States at any
designated place of hearing, and in
case of failure to comply with any
subpoena. or in case of the con-
tumacy of any witness appearing
before it. the board may invoke
the aid of any United States district
court. Such court may thereupon
order the witness to comply with
the requirements of the subpoena,
or to testify. and any failure to
obey such an order may be punish
ed as contempt of court in the
usual manner. Witnesses are also
liable to prosecution and punish
ment for perjury committed in
|testifying before the board.
Any person who upon demand OF
any member or duly authorized
representative of the board shall
refuse access to and the right to
copy any book. account. record,
paper or correspondence relating
to any matter which the board is
investigating is subject to a PEN
Ealty of $500 fine for each such Of
fense.
| In addition to the settling of
disputes the Kenyon bill gives the
proposed labor board the following
additional broad functions:
Shall investigate and study the
relations between operators ano
their employees, particularly cues,
tions relating to wages. hours ol
labor and conditions and regularit;
Of employment; shall gather. com
pile. classify. digest and publish
from time to time, data and infor-
matisn relating to such questions
to the end that the labor board
may be properly equipped to per.
form its duties under this act and
that the public may be properly