Evening star., 1928-02-12
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tend In some manner these principles
to industry as whole. How this Is 10
be done, no one !: willing TO forecast:
In the first place. while the proposed
national industrial council would be
maintained by the Federal Government,
how far could the Federal Government
go in even attempting TO lay COVE a
labor policy for industry as whole? IL
was possible to do this. TO some extent,
with the railroads. But the railroac3
are engaged In interstate commerce ana
their employees are well organized.
What other great industries are so or
ganiztd? There is the ,uilding industry
and coal mining The former Is or
ganized on the basis Of craftsmanship.
the latter on an industrial basis. steel.
oil, automobiles, lumber -- employees IN
these industries are. as whole. un-
organized Other industries in which
employ es are organized would be dill
ficult to reach under a Federal stat
ute. There might be more opportunity
of reaching them under the State gov
ernments. The procedure as to lcgis-
latinn contemplated by the American
Bar Association Is rather haZy, so lar
as any exposition of the solution CT this
problem Is concerned.
The railroad labor act has been re-
yarded as one OF the most constructive
as we'll as carefully drawn. pieces ol
labor legislation ever enacted. IL olo
not originate with the American Fed
Grafton of Labor, as the federation doe:
not include the railroad crafts and
brotherhoods. But when hearings on
the measure were in progress the Amer
ican Federation of Labor supported 1t as
being representative Of the type OF legis-
lation that 1t was hoped. ultimately
would be extended to other industries.
***
The principle underlying the railroad
labor act Is voluntary agreement. First
there must be the effort TO agree be-
tween employer and employees. II this
effort is unsuccessful, there is the a.
tempt by the board of mediation tc
bring the two parties into agreement
And IL this mediation fails, there Is the
voluntary resort to arbitration. one OF
the greatest obstacles TO arbitration
the selection of the third arbiter--is
overcome in the labor act by putting his
selection in the hands of the board OF
mediation. The board Of arbitrati0n's
award Is filed with the clerk OF the
district court designated in the agree
ment to arbitrate, and 1t thus attalns
the force of a decree OF the court. After
1t becomes the decree OF the court, the
award may be impeached only on one
or more of three groundS-D that i:
does not conform to the law. as laid
down in the railroad labor act, t2) that
1t does not confine itself to the stipula-
tions OF the agreement to arbitrate. OF
| t3) that a member of the board OF arol-
tration is found guilty Of fraud or cor
ruption, or fraud and corruption was
practiced which affected the award. II
question arises as TO the Interpretation
| OF the award. the board which made II
| must reconvene and make the llterpre-
tation.
These are the principles. the lack ol
which has handicapped voluntary arbi'
tration in other industries. and which. il
| Is believed. would be extended By
the American Bar Association. They
overcome the difficulty OF selecting the
| third arbiter. they give to an agree.
ment or arbitral award the force anc
enforceability Of court decree. and they
strictly limit the grounds upon which
| It may be attacked Their effect Is tC
| head away from. instead Of toward. lit
! igation In the courts. and they have
worked very well. Whether the Amer.
ican Bar Association would have tn.
Law set up machinery for each Of tn:
major industries concerned similar Il
that provided in the railroad labor act
whether the proposed national indus