The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-10-11
LABOR ACT TO
Be TESTED ON
PENNSY ROUTE
Railroads Bus Lines Named
in First Complaint
Under New Law.
BY LEE G.. MILLER
Times Special Writer

Dor as pillar OF resistance 70
unionization, was thrust today into
the spotlight of the first test case
brought under the Wagner Labor
Relations Act Of 1885.
According to the new National
Labor Relations Board, the Penn
sylvania IS the sole owner Of the
American Contract and Trust Co,
which in turn owns go per cent Of
the common stock of the Pennsyl-
yana Greyhound Lines.
The Pennsylvania Greyhound
Lines and the Greyhound Manage
ment Corp. are jointly named in
the first complaint issued by the
labor board-a complaint which
charges:
Five Charges Are Filed
!. Discharge Of nine employees be-
cause Of union affiliation.
q Attempts to restrain other en-
povcs at the Greyhound garage in
Pittsburgh from Joining the Anal
Camated Association Of Street, Elec-
trio Railway and Motor Coach En-
ploycs Of America
g. Threats to discharge employees
if they Joined the union.
4 Surveillance over union meet
ings
s. Financial support to an organi
zation of workers called the En-
ployes Association, Pennsylvania
Greyhound Lines, Inc
The charges will be canvaSsed at
q hearing in Pittsburgh, Oct. %, be-
fore the full labor board. w
Madden, John M Carmody and Ed
win S. Smith.
Yesterday before the American
Federation of Labor Convention in
Atlantic City, Chairman Madden
explained and championed the pro-
codure that his board will follow
under the Wagner act, in this and
other cases to come
May Order Cease and Desist'
The act says that our board may.
after careful investigation of the
facts, If such investigation leads to
q finding that the employer has en-
gagged in an unfair labor practice,
order him to cease and deSist' from
such practice, and to make restitu-
ton if that is practicable" Mr.. Mad
den said
Only if the order is diSobeyed
. VIII any punishment be applied. In
. brief. no criminal prosecution, no
imprisonment or fine is provided
for the mere indulgence in any I'M
. fair labor practice, and the only
punishment which may be meted
out is for contempt of a court order
to cease and desist or make resti-
tuition.
The remedy is a reasonable and
moderate one, which does not 90 be-
!ond what is necessary to secure
obedience. 1t would seem to fall
safely within the limits of due proc
eSs.'
In selecting the Greyhound case
Tor It's first test, the labor board was
motlVated largely by the fact that
interstate commerce is obviously in
VOWED in the Greyhound operations.
The board took pains to point out
that the Pennsylvania GREYHOUND
system has terminals in many cities
and states
Madden Addresses A. F. of l..
Mr.. Madden told the A. F. of L.
that Congress directed the board
TO apply the statute wherever the
enterprise wass UGH and the labor
relations involved were such that
interstate or foreign commerce
might be burdened or INSTRUCTED bv
INDULGENCE in unfair labor prac-
tees"
He indicated, however, that the
board has no intention of resting
with cases involving industries en-
gagged directly in interstate COM
merce. Citing a Supreme Court de-
clSlon unfolding an act of Congress
Tor the regulation Of the Chicago
StocliyardS, he declared
If the Congress may protect the
flow Of regular interstate stream
OF livestock through stockyards.
through packing plant to consumer
IN another state. by regulating the
management of the Stockyards. whv
may it not protect the flow of reg
ular interstate stream of raw ma
terials, through factory to consumer
IN another state, by preventing un-
fair labor practices in the factory
which threatens to interrupt that
fl0W?"
Critics ASSail Acts Power
II Is on this point, probably. that
the ultimate Supreme Court test Will
hinge-if in the meantime the act is
sustained, insofar as due process
is concerned. in the Greyhound
case. Critics of the Wagner act deny
that mere manufacturing operations
are subject to Federal control as a
part Of the stream of commerce"
The Supreme Court decided in the
Schechter case that the regulation
Of labor engaged in handling live
poultry within New York City was
beyond the Federal powers. Like
wise, in the Weirton Steel case, a
Federal Judge ruled that the labor
involved in the manufacture of steel
was purely interstate operation
and hence immune from Federal
regulation.
The Greyhound case for the next