The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1922-04-27
POWERS Of RAIL
BOARD ARE TAKEN
U. S. Judge Denies Right to En-
force Rulings.
MAY MEAN END OF BODY
Contrary Decision by the Supreme
Court or Congressional Action
Only Things That Can Save
the Arbitration Board.

Chicago April 24.-The United
States railroad labor board faces a
fight for its existence following a fed
eral court decision issued here holding
the board had exceeded its authority
In specifying procedure under which
the Pennsylvania and its employees
should seek agreement In matters Of
dispute.
Only a contrary court decision or
congressional action comforting upon
the labor board power to enforce It's
rulings can keep the breath Of life in
this federal arbitration body accord
Ing to some authorities.
Hope that either eventuality will
come as a savior was seemingly based
on the fact that Judge George II,
Page, who gave the decision, upheld
the constitutionality Of the transporta-
ton act under which the labor board
was created.
Refuses to Vacte Injunction.
The Federal court action was in de-
NAL of motion of the board to have
vacated a temporary injunction that
was issued against 1t several months
ago by former Judge Lands, on petit
ton of the Pennsylvania.
The case was an OutgrOwth of la
Dor board order directing the carrier TO
hold an election of employees repre-
sentatives that should give the fed
CHI 20 nhan
ton. 1t prescribed ballots. The rail
way did not comply with the order.
1t insisted upon a right to deal direct
ly with its employees.
When it seemed the board was about
to issue a decision publicly censuring
the Pennsylvania for its conduct, at
torneys for the road obtained a court
order restraining the labor board from
publishing such a rebuke.
Takes Away Only Power.
Judge Pages decision, according to
one Interpretation stops the board
from invoking the only power it has
to enforce its rulings-that Of public
sentiment.
The court action seems to have add
ed significance in view of the fact
that the 100000 employees of the rail-
way employees department of the
American Federation of Labor are
about to take a strike vote.
If a strike results-and rail union
officers predicted it would--it will os-
tensibly be in protest of alleged fail
ure of railroads to abide by labor
board decisions.
The Pennsylvania case was in the
nature of a test of the boards powers
and if this decision Is sustained in
subsequent decisions the teeth" will,
be withdrawn from the board, the
boards attorneys contend holding it
would be without weapon to force
the roads to obey its mandates, as the
transportation act provides that the
only action it can take against viola
tors of its rulings is to publish its de-
ciSiOns. The case has been watched
with interest in railroad circles for
weeks.
In Judge Pages decision it is stat
ed that the federal government has
regulatory power over wages.
Exceeded Its Authority.
The Pennsylvania attacked the right
to publish decisions and also the con.
stitutionality of the act. Judge Page
held that the language of the act was
similar to that creating the interstate
commerce commission and that CON
gress had the right to grant authority
to the board. The board, however,
the court held had gone beyond its
authority. The court stated in part
II am of the opinion that congress
had the deliberate intention in franz
Ing the act that company officers and
agents of the men exercise every rea-
sonable effort to avoid any Interrupt
ton in business of any carrier growing
out of dispute between the carriers
and their employees, and the only
power given the labor board under
. the section was to hear and decide
disputes where the conferees were I'M
able to decide, and then only in event
the parties jointly referred the matter
to the board"
Practically all cases brought before
the board have been on petition either
of the unions or the railroads acting
independently.