Evening star., 1935-02-27
SECTION IA VOID
IN WE|RTON CASE
Federal Judge Bases 0pin-
ion on Interstate Com.
merce Law.
Continued From First Pase.)

must continue to stand until the Con.
stitution is amended. Their applica.
ton to the business Of defendant is
quite certain"
Economic Balance.
In discussing the relation between
labor and capital the opinion says:
"It is said this relation involves the
problem of the economic balance Of
the power Of labor against the power
Of capital.
1.-THE theory Of q balance Of power or
Of balancing opposing powers Is based
upon the assumption Of an inevitable
and necessary diversity of interest.
This is the traditional old world
theory.
1T is not the twentieth century
American theory Of that relation as
dependent upon mutual interest,
understanding and good will.
This modern theory is embodied
in the Weirton plan of employe or
ganization.
Furthermore. the suggestion that
recurrent hard times suspend constitu-
tional limitations or cause manufac-
turing operations to so affect inter-
state commerce as to subject them to
regulation by the Congress borders
on the fantastic and merits no serious
consideration"
Test Case for N. I. r. A.
The Weirton case was generally re-
garded as one Of the most important
tests Of the labor guarantee provisions
Of the national industrial recovery act.
The Government instituted the pro.
ceedings nearly a year ago and lost
the first skirmish when Judge Nields
junction. holding that under the Nor
ris-La Guardia act q hearing with
witnesses in open court was necessary.
The trial began last October and
lasted about seven weeks.
The Government contended the
employees representation plan, or So
called company union, did not ade-
quately serve the purposes Of section
| Ia of the recovery act, because it did
not permit collective bargaining by
the employees through representatives
of their own choosing.
It was argued that the company In.
stituted the employees organization,
| financed 1t and conducted q campaign
of intimidation against employees de-
sirous of afiliation with the Amalga-
mated Association Of Iron, Steel and
Tin Workers.
Coercion Laid to Unions.
The company employs normally
about $4,000 men in Weirton and
Clarksburg, w. Va, and in Steuben-
vile, Ohio.
Weirton counsel countered with
claims that the Amalgamated officers
used coersion, including q threat that
workers had to join at the time Of
organization or 1t would cost them
| $50 later.
It also was contended the Amalga-
! mated demanded CLOSED shop
whereby the company could employ
| only Amalgamated members-and the
Weirton lawyers held that the act did
not provide for it.
.. On the constitutional issue the COM
pany took the position that Congress
cannot regulate commerce not of an
interstate or foreign nature, that its
relationship with the workers was
not a part of interstate commerce,
and that, therefore, any interpreta-
tion which would bring that relation
ship under provisions of N. I. r. AS
section IA made the act unconsti-
tutional.
Constitutional opposition also was
based on the due process Of law pro-
visions Of the Nations fundamental
law.
Weirton attorneys also challenged
the legal status Of the National Labor
Board and questioned Its right to in
terfere with the employees balloting.
1t denied breaking an agreement with
the labor board and held that the
board itself violated an understanding
by altering the rules for an employees
election.
Board Plan Ignored.
The board was to have supervised
an election Of collective bargaining
representatives in December. 1888, but
because the rules for it laid down by
the board violated the election plan
of the employees, the boards plan was
ignored. Representatives favorable to
the company plan were elected.
The decision refutes the Federal at
torney's contention that the company
was prevented from raising constitu-
tional questions because it signed the