Evening star., 1934-06-06
LABOR BILL PLAN
GIVEN BY WALSH
Forum Speaker Says Servl-
tude and Autocracy Must
Be Overcome.
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Continued From Thirteenth Page)
was an abuse and did deny that free
dom and independence which the en-
ployes in organizing for their mutual
welfare should enjoy. We reached the
conclusion that We ought not to pre-
vent or deny the right of employees, II
they chose to do so, to organize
conpany union, but we believed that
II was important that they should not
be subsidized organizations. The re-
suit was that we added a provision
which, while forbidding general flnan-
cial support to any organization, trace
union or company organization, per-
mitted the employer to compensate
the representatives OF his employes
who conferred together, or with the
MANAGEMENT, during working hours
with reference to grievances, and not
only permitted the employees to use
working hours for this purpose. but
also permitted them to do SO without
loss of time; that is, by paying them
what they would earn during those
hours at their regular work. We SUD-
jected this privilege by prescribing
rules and regulations with respect TO
it tending to prevent domination. In
word, this unfair labor practice
seeks to remove from the industrial
scene unfair pressure by the employer
upon any labor organization that his
workers may choose, yet leaves talr
discussion unhampered.
1t should be stated at this point
that the railway labor act now pend
ing before the Senate, and which deals
with the labor problems of employees
in the railway service. contains sim
liar provision restricting financial
support by the employers. National
trade unions do not seek financial
support from employers. They rely
upon the dues paid by their own mem
bers to maintain their organizations
and cover the expenses of admins
tration.
Employe Is Protected.
The fourth unfair labor practice is
a corollary of the first unfair labor
practice. The employer is forbidden
to discharge or refuse to employ
merely because the employe joins a
labor organization. In brief, it makes
it illegal for an employer to discrim1-
nate against employees by encouraging
or by discouraging an employe from
membership in any labor organization.
We must not misunderstood this
fourth unfair labor practice. An en-
ployer is not prevented from discharg-
ing any employe who lacks skill or
ability, nor is he required to hire any
incompetent man. The employer is
merely prevented from using his right
of non-e employing or discharging or
promoting or discriminating against
an employe merely because he joins
an organization or refuses to JOIN
labor organization. Neither does the
fourth unfair labor practice prevent
an employer, if he chooses to do so.
from negotiating an agreement with
the representatives of his employees
which conditions employment on
membership in any particular labor
organization if his employees or their
representatives desire it and he
consents.
Having considered the unfair labor
practices that are forbidden. the next
question that naturally arises is how
are these provisions of law to be ad-
ministered and what is the procedure
lof enforcement where the claim is
made that unfair labor practices exist.
For this purpose the board creates the
National Industrial Adjustment Board,
consisting of three persons represent
ing the general public and one person
representing employers and one per-
son representing employees. Their
term of Office is for five years. The
salary is $4,000. This board is given
the power to prevent any unfair labor
practices and to take proper steps to
enforce its findings. Complaints may
be made to the board, hearings held
and a decision rendered. But it is
assumed these alleged unfair practices
may often be peacefully adjudicated,
for the board is empowered to take
Jurisdiction over alleged unfair labor
practices only when these practices
have led or threatened to lead to
labor dispute that might affect COM
merce or obstruct the free flow of
commerce. The decision of the board
may be appealed by any aggrieved
party and reviewed by the Circuit
Courts of Appeals in the district where
the unfair practice is continuing.
These constitute the major provi-
sions of the revised bill.
One other important provision is
that where dispute takes place
among employees as to who are the
representatives to negotiate collective
bargaining with their employer the
board is authorized to take a secret
ballot or use other suitable methods
Of determining what kind of an or
ganization the majority of the en-
ployes desire and just who the major
ity of the employees desire to choose
as their representatives. There is
nothing in this provision, or any other
provision of the act, which prohibits
an employer from discussing griev-
ances with any employe or groups Of
employees at any time, irrespective of
the duly chosen representatives of the
majority. Thus an employer before
agreeing to or in agreeing to any set
tlement of grievances presented by
the duly chosen representatives of
majority of his employees may receive
the views of those representatives Of
the minority.
Arbitration for Disputes.
Another aspect Of the bill which we
need not specially consider is that pro-
vision is made for parties to dispute
invoking the board to arbitrate volun-
tarily any and all differences which
may arise in reference to labor dis
>putes outside the scope of these de-
fined unfair practices. 1t is to be
noted that this is provision that is
entirely voluntary.
Many employers have urged that
che bill should contain provision to
the effect that it constituted an unfair
labor practice for an employe or a
group Of employees to interfere or CO.
cree an employe to join any particular
labor organization.
They have indicated that the bill
would be acceptable to them if such
provision was included in the bill, be-
cause they stated it would put both
en1DlOves and ennplOVerS in a like