Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-07-15
BY JOHN C.. HENRY.

the new labor relations law (knowr
before enactment as the Wagner bill
as "labor's Magma Charta." organized
hitting some of the limitations Of thu
act as established by the Constitu.
ton and imposed by recent Supreme
Court interpretations.
CogniSant Of the circumstance thai
industry will fight for the strictesI
application of these limitations, and
even for complete elimination of the
law, II possible, the American Fedora
ton of Labor, therefore, has called
upon its members to proceed most
carefully in invoking the laws pro-
lection.
1T Is the purpose Of the Ameri-
can Federation of Labor to defend this
| act. to insist that 1t be respected
obeyed and applied and to supply the
best legal talent available in defend.
ing it against such attacks as may be
made upon it." William Green. presi-
dent of the A. F. Of L., declared today
Limit Of Application.
I'VE must always remember that
the scope Of the act is limited. II
does not apply to all industry anC
labor, but is effective only when the
violation Of the legal right Of indie.
pendent differentiation would tend
to burden or obstruct interstate COM
merce. This Is why representative.
of labor must take care to be abso-
lutely sure Of their ground when they
submit case to the National Labor
Relations Board"
A further showing Of the fedora
tons intent to proceed with caution
in creating any opportunity for q
court test on the law is given in q
creed Of "don'ts" which Mr. Green has
pronounced for labor. They follow:
Don't file charges unless the union
has made an honest effort to gel
satisfaction from the employer
through direct negotiations and met
with no success.
Don't file charges unless every
other means of peaceful adjustment
of the controversy. including media
ton, has been exhausted.
Don't file charges unless your
charges specifically refer to the unfair
labor practices listed in the act. For
example. violation Of a union contract
by an employer Is not a case for the
board, it is q case for the courts.
Necessity Of Facts.
Don't file charges unless you are
absolutely sure you have the facts suf.
flcient to substantiate your charges
and that you can produce witnesses
able and willing to testify to those
| facts
Don't file charges II the employer
is engaged in a purely local bushes.
and the case in no way affects inter
state commerce.
labor side may be seen the confident
defiance of industry, based upon it,
belief that the act simply will moi
stand up under court fire. Bushes.
Week, publication serving as spokes.
man for industry. makes the follow.
| ing editorial comment:
Convinced that the act is an un-
lawful meddling with production, anc
with commerce within the States
employers will not obey 1t.
Business believes that there is nj
logic in the cumbersome and limpine
declaring of policy with which Sena.
tor Wagner and his associates have
prefaced the act, in the hope of get.
ting around the Supreme Courts def.
nitions of what constitutes intrastatt
commerce and nothing else. Tht
declaration asserts that the refusal Of
employers to accept collective bar
gaining leads to strikes and Other
forms Of industrial strife or unrest
which have the intent or the neces.
sary effect Of burdening or obstruct.
ing commerce. between the States.
But what is it that has this neces-
sary effect? It's the strikes and
other forms Of industrial strife OF
unrest In going beyond the strikes
to the conditions that precede them
Congress would deal with remote &C.
lions that have neither the intent nor
the necessary effect which must bt
proved to the satisfaction of the Su-
preme Court"
Manufacturers Viewpoint.
Conhning himself more closely tc
legal grounds as established by the
United States Supreme Court in the
Schechter case. James A. Emery. coun-
sci for the National Association Of
Manufacturers, declares:
1.-The Wagner bill rests upon the
proposition that the Federal Govern
ment may control local labor disputes
because they are alleged to affect OF
threaten to affect commerce. This
attempt is made by express definition
in the bill. The Schechter opinion
distinctly rejects and condemns re-
lation of such transactions to COM
merce and denies any control under
the commerce power over employment
relations wholly local in character.
Finally, the Schechter case makes II
clear that while Congress may not
delegate the power to make law, II
may make law to delegate the power
to find some fact or circumstance
upon which the previously established
standard, intelligihly made by Con-
gress, Is applied and becomes effective
Thus, unfair methods of competition,
as they are ascertained by admin
istrative authority under an intelli-
gible standard may be discovered and
denounced and the different indus
tries Of the country may assist the
President. under q proper delegation
of authority. in ascertaining what
they are, because of their special
knowledge of the facts, and an honor
able code Of competition may thus be
voluntarily established and enforced
But the arbitrary bureaucratic method
of discretionary control, without
standards. is denounced and con-
demned."
U. s.. Attitude Important.
With these viewpoints of the two
primary opposing forces thus estab-
lished, the attitude of the Govern
ment as the third party bound to be
drawn into any controversy will be