Evening star., 1923-05-23
PRESIDENT STUDIES
''PENNSY" DISPUTE
Seeks Solution of Problems
of Railroads, Employees
! and Labor Board.
BY DAVID LAWRENCE.


President Harding is watching with
more than passing interest the new
phases Of the controversy wh1ch
has arisen between the Pennsylvania
railroad and the United States Railroad
Labor Board.
The President feels that the trans
l,ortation problem is one of the most
important facing the country today
and plans to devote an entire speech
to IT on his western trip. His views
on the industrial angle of the rail-
road question have undergone no
change since his recent address 10
Congress Immediately after the coun-
try witnessed the ill-effects of a
rail and coal strike. The President
IS keenly alive to the fact tnat the
insurgency of tho western republi-
cans is due In large part to agricul-
tural problems. particularly the out
cry against high freight rates.
The railroads have resisted rate de-
creases on the ground that labor
costs have been high. Within the
last few weeks important wage IN
Creases have voluntarily been grant
ed by some of the larger railroad
systems, in an effort to insure them
selves industrial peace. The merger
CT lines into systems is under consid-
GRAFTON by the Interstate Commerce
Commission. It's a measure expected
freight cars. the economical use of
terminals and the consolidation OF
facilities.
Fear Strike Menace.
The menace of the situation always
is suspension of service through
strikes. The President realizes that
both carriers and employees repre-
sentatives have challenged and even
ignored decisions of the Railroad
Labor Board. When Samuel Rea,
president of the Pennsylvania rail-
road. two days ago declined to ap-
pear voluntarily as a witness before
the Labor Board. he followed a prece-
dent set by some of the union leaders
just before the shopmen'S strike be-
himself and decided 70 appear as a
matter of courtesy to the Labor
Board. He disclosed the fact that his
original refusal was based on a feel
ing that the Pennsylvania had no dis
S6te before the board. This position
&SOws out of a desire on the part of
the Pennsylvania to deal with its own
company organizations. The union
xoen claim, however. that under the
transportation act they can appeal to
the Labor Board for consideration. 1t
is fact that any one hundred men,
Federation of Labor or a company
union, or whether they have no or
gani8ation at all, can petition the
Labor Board to hear argument as to
the equity of their wage agreements
with the railroad by whom they are
employed.
The Pennsylvania challenged that
view in court and insisted that the
jurisdiction of the Labor Board does
not begin until after conferences are
held between the railroad and the
workmen. The Pennsylvania, claim
ed. also. that it had Il right to deter
mine for itself what representatives.
of the men il would recognize. The
Pennsylvania had its own election, in
which minority of workers partlci-
pate6, and went ahcad and made
agreements. with the minority. To
the argument that only a minority
voted, the answer was made that II
was the business OF the others to cast
their ballots. or else they are in the
same position as any man who fails
to vote In a state or municipal cleo
tion-he is governed by the result,
Just the same.
Demanded Joint Appeal.
This phase of the controversy would
not have caused so much trouble
however. If the Pennsylvania had not
gone a step further and insisted that
the Labor Board couldn't get juris-
Jointly submitted by workmen and
employers. Obviously the company
union, formed more or less under the
friendly auspices OF the Pennsylvania
10 satisfied with the agreements made
and has no dispute. In that sense
Sylvania has no dispute with the
Brotherhood of Railway and Steam
ship Clerks is literally correct from
his viewpoint. But the Supreme
Of he ITnit {,, ;te
cent decision does not uphold that
view. 1t says the very opposite and
argues that such construct ton
would give either side an easy oppor-
tunity to defeat the operation of the
act and prevent the Labor Board
from considering any dispute, the
court said.
Court Rules Otherwise.
"If the board has Jurisdiction to
hear representatives of the employees,
IL must of necessity have the power
to determine who are proper repre-
sertatives of the employees. That Is
condition precedent to It's effective
exercise of Jurisdiction at all. This
must include the authority to deter
mine VINO are proper representatives
of the employees and to make reason
able rules for ascertaining the will
of the employees in the matter"
The Labor Board must now find out
whether Mr.. Rea's organization Of
employees represents a majority of
the workers. A special balloting
process will have to be devised. There
Is no legal power to compel the
Pennsylvania to agree to the deci-
sions of the Labor Board. The trans
portation act is as weak in that re-
spect as 1t is in compelling the en-
ployes to obey. Mr.. Harding's last
utte rance in this connection was:
H"'Public interest demands that ample
bower shall be conferred on the labor
Tribunal whether 1t is the present
board or the suggested substitutes, to
Nequire it's rulings to be accepted by
9th parties to the disputed ques-
Ion"
MThat's the trend of the Presidents
mind and 1t will be the guiding prin-
ckple in his handling of the problem
this summer and before the next ses-
sion of Congress.
Copyright. 1927