Evening star., 1934-09-30
DECISION NEARS
IN CASE INVOLVING
7-ALABOR CLAUSE
Weirton Case to Open This
Week Will Have Far
Reaching Effect.
SO WITNESSES CALLED
FOR OPENING SESSION
o. S. Charges Company Refused
to Bargain With Workers
as Law Requires.
BY JOSEPH A. LOTUS,


WILMINGTON. Del, September
29.-Steel will pit its strength against
the United States Government next
month.
Theoretically, if not actually, a
vast industry will concentrate its re-
sources here to resist the Federal
suit for an injunction against sub
sidiary of the National Steel Corp,
the Weirton Steel Co., in itself a
comparatively small unit
On trial will be the national recov-
cry acts vital section IA, which
carries the New Deal guarantees to
labor-the right to organize, the right
to bargain collectively. The case is
tant tests of the legality of the ma
tional administrations recovery meas
ures.
so Witnesses Called.
At the Governments request. Judge
John P. Nields in the United States
District Court has ordered more than
so persons, summoned as witnesses for
the hearing scheduled to start We'd
nesday. Most of them are employees
of Weirton mills. The National. Steel
Labor Relations Board has been di-
rected to produce pertinent records.
The Government contends the en-
ploye representation plan in effect at
the Weirton plants was organized by
the defendant in anticipation of the
iron and steel code, and that lit was
imposed upon the employees hy CO.
ercion and other unlawful means for
the purpose of circumventing their
rights to choose their own representa-
tives and to bargain collectively"
To restrain the company from
continuing such imposition and cir
convention" is the objective of the
Governments suit. Actually. though
q decision in the suit will decide the
status of the so-called company
union.
Agreement Set Record.
Last Spring the Government asked
for the injunction on a preliminary
basis until the issue is finally settled
Judge Nields sllowed attorneys for
both sides unlimited time for discus
sion. They talked five days. For a
preliminary rule argument, the de-
bate is reputed to be one of the long
est on record.
Three weeks later Judge Nields ruled
he was poweriess to issue a prelimi-
nary injunction. He pointed out that
two years ago Congress passed an act
which says United States district
courts may not issue an injunction in
a labor dispute without first hear
ing the testimony of witnesses in open
court and with opportunity provided
for cross-examiration.
There had been no witnesses. All
the sworn information had been Of
cred in the form of affidavits. They
were conflicting and contradictory in
many respects. Judge Nields' opin-
ion, however. did not discuss the
merits of the case.
Case Within Law.
He did decide the issue involved a
labor dispute within the meaning
of the Norris-La Guardia act. Federal
lawyers had argued that law didn't
apply because here the Government is
involved. Judge. Nields said the fact
that the Government is a party to
the issue did not alter its standing
as laDor dispute.
The Norris-La Guardia (anti-in-
Junction. act at the time of its enact
ment was regarded as a guardian of
labor in time of strife and strike.
Judge Nields, in effect, held that it's
poor rule that won't work both ways.
The steel company's contention that
at least section IA of N. I. r. A. is
unconstitutional commands wide
spread interest and significance. The
company argues that Congress may
pass laws which affect matters only
of an interstate nature and main
tains its relationship with its en-
ployes is not of such aspect. There
fore, If the act treats of something
not interstate in nature it is uncon-
stitutional, the defendant says.