Evening star., 1934-09-28
LABOR M|NOR|T|ES'
BARGAINS BANNED
Executive Order Is Held to
Supersede Act of
Congress.
BY DAVID LAWRENCE.


BY a stroke of the pen, President
Roosevelt has taken away the right OF
collective bargaining from all work.
men in plants In the textile industry
who happen to be less Numerous than
majority in such plants.
Although the act Of Congress makes
collective bargaining privilege Of all
workmen, and they may be repre-
sented by spokesmen of their own
choosing in collective bargaining, Mr.
Roosevelt has superseded the law by
an executive order.
The President is following literally
recent decision of the National
Labor Relations Board, even though
that board is acting without constitu-
tional or legal right to render any
decision depriving the minority of its
rights.
Mr.. Roosevelt is contradicting his
former position when, in a threatened
automobile strike, he concurred Off
cially in the view that minority and
majority should be proportionately
represented on workers council.
H0ude Decision Cited.
The National Labor Relations Board
was created as consequence Of a
resolution Of Congress last June, and
in rendering a decision in the case OF
the Houde Manufacturing Co., the
board recently pointed out that the
automobile settlement was q special
agreement between employers and en-
ployes, but that, in all other disputes
the board would not recognize minor
ity privileges of collective bargaining
Mr.. Roosevelt. in his executive
order, has not only adopted almost
word for word the language of the Ma
tional Industrial Relations Boards
decision in the Houde case, but he has
gone further in instructing the new
Textile Labor Board what to do. He
advises and orders the new board tc
follow the Houde case decision, even
though each labor board, according to
the theory of the Congress was to be
an independent body or tribunal sup
posedly capable Of making up its mind
on controversies irrespective of pre-
vious instructions from any source
except Congress.
The courts have yet to pass on the
constitutionality or validity Of the acts
of the National Labor Relations Board
but it is almost certain that injunc-
tions will be sought to set aside any
decisions of the new Textile Board il
1t seeks to carry out decisions which
customarily are matters of judicial de-
termination and not executive fiat.
Warning to Business Seen.
1t may be that the President did moi
read carefully the executive order
creating the new Textile Board OF
realize its Implications For executive
| orders are usually prepared in advance
for the Presidents signature. But. il
Mr.. Roosevelt was fully aware of what
he was signing, then the bushes.
world might as we'll take as extremely
significant his readiness to issue exec.
utive orders based upon the principle
that must ultimately mean a CLOSED
shop in industry.
Mr.. Roosevelt has the power, unde,
+ the national industrial recovery act
| to make regulations with respect Il
wages and hours and conceivably h,
! could delegate these powers to tn,
/ new Textile Board, but the latte
would then lose its Importance as !,
judicial tribunal and would becom,
an administrative agency under tn,
N. r. A.
Can't Force Compliance.
There is, on the other hand. a be-
lief among lawyers that even though
the President can prescribe rules anC
wage rates and delegate power undel
the national industrial recovery act
he must have the assent of the EN-.
ployers in each code The licensing
power having been taken away, there
is no lawful way to compel com.
pliance
The new executive order says tha
violations in the textile industry shall
be referred to Government agencie.
"for appropriate action" which canno
mean prison penalties or fines nov
that the licensing provisions Of tht
law itself have expired. 1t can only
mean removal of the Blue Eagle
which, of course, is penalty no
originally specified by Congress, bu
used by the administration as a specie.
of coercion which, in many cases, il
more effective than any other penalty
for 1t may spell ruin to many bust
ness to be boycotted by the Govern
ment.