Montana labor news., 1935-11-07
LABOR BOARD HEARS CASE AGAINST
PENNSYLVANIA GREYHOUND lines
Bus Concerns Attack Constitutionaity of Wagner Connery Act
Witnesses Testify They Were Discharged for Joining Anal
gamated Association of Street and Electric Railway EMPLOYEES

Id.-ine National Labor
Relations Board swung into action here
October q when it opened the hearing
on its first case in which the Wagner
Connery Act guaranteeing the work
ers' rights Of REORGANIZATION and col
%lective bargaining is expected to be
brought to a test in the Supreme Court
OF the United States.
The case arose from the formal char
ges filed with the Board of Local Di-
vision No. 1868 OF the Amalgamated
Association of Street and Electric Rail
way and Motor Coach Employees by
their attorney, Charlton Ogburn OF
Washington, d. c., against the Penn
sylvania Greyhound Lines Inc, and the
Greyhound Management Company, Inc.
The hearing is on the complaint Of
the Board charging the respondent
companies with unfair labor practices
which have been outlawed by the Wag-
ner Act.
Specifically, the two associated cor
porations controlling interstate motor
bus lines are accused Of having vio-
lated the Act by disoharging nine en-
ployes for unioa membership and by
fostering and financing a company I'M
ion.
Case Is Important
The Federal court room in the new
post office building was packed with
spectators when Chairman ]. Warren
Madden opened the proceedings. The
presence of the two other members of
the National Board, Edwin S. Smith
and John Carmody, gave added en-
phasis to the Importance Of the hear
ling.
With every step of the procedure
closely observed by labor representa-
tives and corporation officials from all
parts of the country, Robert B. Watts,
attorney for the Board, began the pro-
ceedings by filing the Boards complaint
as an exhibit in the testimony.
Mr.. Ogburn, attorney for the union,
made an oral motion slightly amend
ing the charge and the complaint, which
was granted by the Board.
commerce CtauSe is Lifted
Ivan Bowen, a Minnesota attorney,
who appeared as general counsel for
the companies, filed a plea protesting
the jurisdiction of the Board and al
leging the unconstitutionality of the
National Labor Relations Act.
He claimed the Act violates the Con
stitution in delegating legislative and
judicial power 10 the Labor Relations
Board. He also attacked the section
prohibiting unfair labor practices be-
cause it was alleged to deprive the
companies Of liberty and property with
out due process. In addition, he charg-
ed that the law deprived the compan-
les Of the right OF trial b.. jury, O. free
dom Of speech, and contended that the
complaint involves transactions between
employer and employee which are local
in character and not connected with
interstate commerce.
When this plea and the motion to
dismiss the charges were denied. Mr..
Bowen filed a formal answer TO the
complaint denying the allegations be-
fore the Board.
Mr.. Watts introduced on behalf OF
the Board a formidable array Of docu-
mentary evidence to substantiate the
jurisdiction OF the Board by showing
the interstate character of the respond
ents activities, generally as we'll as
specifically with regard to the acts
charged against them.
Warmed Not to Join Union
The witnesses introduced gave evid-
ence in support Of the complaint and
consisted mainly Of employees whose dis
charge for union activities was alleged
by the Board.
c. ID. Lehman, an automotive cleo
%trician for the Greyhound Bus Line
since 1923, was the first principal wit
ness. He testified that he joined the
local division of the Amalgamated AS
ISOLATION on May %, 1885. According
to Lehman, when he attended his first
union meeting last July, two officials
OF the company were sitting in an auto
outside the entrance to the hall observ-
ling each employee entering the union
injecting.
Several other witnesses, including
Lester Moberley, John Keyser, Albert
Burns and Robert Maxwell confirmed
Lehman's testimony that the two COM
pany superintendents had posted them
selves outside the meeting hall to keep
tab on the employees who entered.
Reasons for Discharge"
These witnesses also testified that
after the meeting warnings we're given
them in one form or another by their
superiors against joining the union, and
that they were threatened with dis
charge if they did join.
Later all these men were discharged
on July 80 and 81 except Maxwell who
was discharged September IS.
TIL e reason for discharge given by
the management in all but two cases
was the occurrence Of II road fail
ures' during the month of July. A
"road failure" would include any slight
mechanical defect requiring attention
while the bus is on the road.
The %company's claim that the men
were being discharged in the reverse
order Of their seniority was denied by
the testimony Of several witnesses.
Albert Burns, a greaser in the garage,
who joined the union on July 10, was
discharged on July 81, presumably for
not turning off an electric light in the
pit.
The American Federation Of Labor
was represented by Boris Shishkin, who
acted as an observer.