Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-05-22
Railroad Put in Place Of Unions
Which Ignored Orders.
ny nAyID LAWRENCE.

year ago organized labor disre-
garded the edicts of the United States
Labor Board and was denounced AS
striking against the United States
government itself. Samuel Rea, pres
ident of the Pennsylvania railroad. OF
first refused to accept the invitation
of the United States Railroad Labor
Board to appear as i witness in tho
case begun by the Brotherhood OF
Railway and Steamship Clerks
ton Employees. Mr.. Rea commended
the Pennsylvania had no dispute with
this brotherhood. In fact, the Penn
sylvania doesn't recognize that or,
GHniaation, but insists proper ar
engagements for wages and wnrkine
own company union
Goes to Heart OF Dispute.
This contention goes to the heart
OF the big dispute between the Penn
sy!vania Railroad and the American
Fedora tion of Labor. being instrH
mental in bringing about the rail-
way sh"omen's strike. 1t is the CEN
trial problem which Congress must
race If serious attempts are to be
made to amend the existing trans
portation act to accomplish industrial
peace.
Organized labor is watching with
alert eye to see whether the normal
power of the United States govern
fnent VIII he eEerted this time against
capital as emphatically as IL was q
year ago against the railway shop.
men. The truth is there is no sym.
path? here on the part OF the Hard.
ing administration with the attitude
assumed by the Pennsylvania Rail
road toward the United states Rail
road Labor Board and President
Harding and Attorney General Daug-
nerty have on many occasions in the
last two years made this plain tc
Pennsylvania officials.
Supreme Court Added Weight.
Only recently. moreover, the Su-
preme Court of the United States ad-
ded the weight of its opinion to the
position taken by the federal gov
eminent IN urging compliance with the
DEGREES of the United States Railroad
Labor Board and 1t comes a. great
surprise here. therefore that the
Pennsylvania should Immediately aft
er the Supreme Court decision decide
to ignore the Labor Board again.
The whole controversy. has an in.
tresting beginning. The Labor Board
established rules and working condi-
tons by authority of the transporta-
ton act. Cine os these rules was that
labor could be represented in its ne.
gotiations for wages and working
conditions by representatives of its
own choice. The Pennsylvania con
tended this meant compulsory recog-
milton of outside labor unions. Stern
refusal to deal with any walking
delegates or representatives OF ma
tional labor unions served to inten-
stfy feeling between the railway en-
pioyes and the employers, but the
Pennsylvania argued that il would
deal only with company organizations
composed wholly OF its own employees
Election Held Unfair.
The American Federation of Labor's
union, known as system So" appeal
ed to the Labor Board and an cleo
ton was ordered to see what the en-
ployes really held to be their true
representatives. The Pennsylvania
conducted its own election. which the
Labor Board considered unfair. and
II also found flaw in the American
Federation of Labor's method of bal.
loting. The new election under rules
prescribed by the Labor Board was
never held because the Pennsylvania
went into the federal courts and sue.
ceeded in tieing up the question for
nearly two years. But the Supreme
Court now has sustained the Labor
Boards right to order an election and
the case of the Brotherhood of Rail-
way and Steamship Clerks, Freight
Handlers and Express Station En-
ployes is the first test. The latter
has asked for a new election. The
Labor Board invited Mr.. Pea to ap-
pear before the board which he first
refuses to do. though he realized he
could be compelled by legal process
to give testimony. He finally de-
cided to appear voluntarily The
Supreme Court. however, endeavored
to approach the question. not from
~ f., -
party, but from moral grounds, stat
Ing the case as follows:
Declares Right Inherent.
The counsel for the company in
sist that the right TO deal with indi-
ployes as to rules and working con-
ditions is an inherent right which
cannot be constitutfonally taken from
it. The employees. or at least those
who are members of the labor union.
contend that they have a lawful right
to select their own representatives,
and that 1T is not within the right OF
the company to restrict them in their
selection to employees of the company
or to forbid selection of officers of
their labor unions qualified to deal
with and protect their interests. This
statute the transportation aet) GER
tainly does not deprive either side of
the rights claimed. But title three of
the transportation act was not enact
ed to provide a tribunal to determine
what were the legal rights and obli-
cations of railway employers and en-
ployes or to enforce or protect them.
Courts can do that.
Created for Co-Operatiun.
The Labor Board was created to de-
eide how the parties ought to exercise
their legal rights so as to enable
them to cooperate in running the
railroad. 1t was to reach fair COM
promise between the parties without
regard to the legal rights. upon which
each side might insist in court of
law. The board is to act as board
of arbitration. 1t is to give expression
to it's views of the moral obligation
of each side as members of society
to agree upon a basis for cooperation
in the work of running the railroad
in the public interest. The jurisdic-
ton Of the board to direct the parties
to do what 1t deems they should do Is
not to be limited by their constitu-
tional or legal right to refuse to do
it. Under the act there is no con-
board decides they should do except
the moral constraint, already mention
led, OF publication of its decisions
Road Obtained Injunction,
The Railroad Labor Board did reach
a decision that the Pennsylvania rail
road In refusing TO accept the formula
for an election to determine employee
representatives was in violation OF
the DEGREES OF the board. but the
Pennsylvania secured an injunction
against the publication of that de-
cision. an injunction which the high.
est court OF the land now has thrown
out. So the case goes back to the be-
ginning. If the PENNSYLVANIA sticks
to its position that II will deal only
with its own employees and recognize
only the company organizations, the
labor board will have to publish the
fact of the Pennsylvania defiance to
the whole country. trusting in the in
f1uence Of public opinion to compel q
change of attitude on the part OF tn
railroad. The labor board does not