Evening star., 1935-12-22
Otis Grants Writ Against
Labor Relations Board in
Controversy Over Employ
es' Wage Bargaining.
HOLDS UNION DISPUTE
DOES NOT AFFECT ISSUE
individuals Treated as Recently
Emancipated Slaves" by Meas
ure, Says Jurist in Caustic Cri.
ticism Says Manufacturing
Involved Is Purely Intra-State.

BACKGROUND
Throughout Ne,D Deal admins
tratioH attempts hare been made
to establish ne1U basis of employer
employe relationships.
First such effort came in section
7(dJ of N. I. r. A., by tUhich ldboT'S
right to organize and bargain coll
lectiUely lOdS proclaimed. Enforce
ment poUer tOGS lacking, EoweUer,
in National Labor Board, named to
administer section.
In June, 1884, Congress jdmmed
through compromise resolution en-
powering Labor Relations Board to
hear and determine cases of in
duStridl dispute; still there IUds no
granting of enforcement potDer.
Last Winter Congress took up
netU legislation: on July S, 1885,
Wdgner-Connery act became {dtD.
By the Associated Press
KANSAS CITY, December 21.-The
Wagner labor disputes act. New Deal
measure, giving employees the right to
organize and bargain collectively
without company interference, was
held unconstitutional tonight by Fed
eral Judge Merrill E. Otis.
The opinion was the first Federal
Court ruling on the legality Of the
law enacted by the last Congress.
Judge Otis granted the Majestic
Flour Mills of Aurora. Mo, a tenn
porary injunction against a National
Labor Relations Board complaint,
which cited it for alleged refusal to
bargain a wage and hour agreement
with a union of its employees.
Declaring Congress had exceeded its
constitutional right ito regulate COM
merce with foreign nations, and
among the several States" the Judge
said, "the conclusion is that the whole
act is unconstitutional"
Caustic Criticism Of Law.
At times caustic in his criticism Of
the act which President Roosevelt de-
scribed as an important step toward
the achievement of Just and peaceful
labor relations in industry" Judge
Otis said it treated the individual as
recently emancipated slave"
The act gives employees the right to
organize unions to carry on wage and
hour negotiations. 1t prohibits em-
ployers from interfering with the for
nation of such unions and created
the Labor Relations Board to mediate
disputes growing out of contracts be-
tween labor and employers.
In asking the injunction the mill
pleaded the citation by the Labor
Board laid it and its officers open to
punishment by a $4,000 fine, imprison-
ment for one year, or both.
The ruling was made as the United
States Supreme Court considered cases
testing constitutionality of the Ten
nessee Valley act. A. A. A, and the
Bankhead cotton production control
law, all important New Deal legts-
lation.
Judge Otis said the heart Of the
Wagner act was contained in a single
sentence of section 10: THE Labor
Relations) Board is empowered, as
hereinafter provided, to prevent any
person from engaging in unfair prac-
tice Cisted in section 81 affecting
commerce"
Dispute HAS No Bearing"
Holding that the Aurora Mills dis
pute with its employees had no direct
bearing on the stream of commerce, "
Judge Otis declared, Congress has no
power to regulate that which merely
affects commerce There is no
way in which any of the specified
unfair labor practices in any business,
whether mill or mine or factory or
store, conceivably can directly affect
-" commerce"
The injunction suit here arose when
the Regional Relations Board ordered
officials of the mill to appear at a
hearing in Springfield, Mo. to answer
to complaint which grew out of pro-
longed disputes with employees.
The board accused the mill of refus-
ing to bargain collectively with its Or
ganized workers and charged the COM
pany with the "offense" of dealing
with said employees individually"
In his opinion, Judge Otis said the
mill "is a relatively small establish
ment and is engaged ex-
clusively in manufacturing which
(see WAGNER, Page So