Evening star., 1935-01-23
PRESIDENT KEEPS
GUILD CASE OPEN
Plan for Special Board BaIkS
Previous Order for Re-
instatement.
BY the Associated Press.

BY the Associated Press
President Roosevelt said today he
expected the N. r. A. Newspaper Code
Authority to have its industrial board
pass on the case of Dean S. Jennings,
who contended he was discharged by
the San Francisco Call-Bulletin for
Newspaper Guild activities.
This definitely removed the case
from the jurisdiction of the National
Labor Relations Board, which ordered
reinstatement of Jennings after a
controversy with N. r. A. over their
authority.
In taking this action the President
said he regarded it as living up to
the letter of the written agreement
between the Government and the
publishers.
Says Procedure Is Clear.
He explained that when the news
paper code authority failed to obtain
ruling from its arbitration board
the National Labor Relations Board
took jurisdiction.
However, he said he felt the Gov
eminent was duty-bound to give the
code authority opportunity to act and
that the authority likewise was bound
to use its board to investigate the dis
puted case.
If the judicial body of the code
authority failed to reach an agree
ment, then it was up to the National
Labor Relations Board to report the
case to himself for final settlement,
he added.
Backing the position of Donald
Richberg and the Call-Bulletln,
President Roosevelt requested" the
Labor Board yesterday to keep hands
off labor disputes that could be han
died by labor boards set up by N.
r. A. codes.
Over the protest of Richberg and
the paper, the board on December II
decided it could handle the complaint
Of Jennings.
The board ordered the paper to re-
instate Jennings on the basis of Guild
testimony. The Call-Bulletn declined
to discuss the merits of the case,
maintaining the board lacked jurisdic-
ton.
The board later cited the Call
Bulletin to the N. R. A. for Blue Eagle
removal. N. r. A. asked the code
boards opinion. The code board, COM
posed of eight publisher and eight
labor members. is understood to have
deadlocked on whether to consider the
case and to have turned it back 10
n. r A
Resignation Suggested.
N. r. A. officials close to Richberg
contend the Labor Relations Board, i'll
view of the Presidents letter, should
either reverse its decision and turn
Jennings complaint over to the code
board or resign as out Of sympathy
with presidential policy.
This was disclosed by these officials
last night after they read the letter.
They declined to be quoted
The Labor Relations Board is known
TO feel, on the other hand. that it was
right in the Call-Bulletin decision,
despite the letter. The members last
night had no intention Of reversing
the decision, although Francis Biddle.
chairman, said the case was now out
of The boards hands.
Labor Board lists show only two
other codes that provide for industrial
labor boards-bituminou coal and
petroleum. In both of those indus
tries labor and management approve
of the code board method OF settling
disputes.
Text of Roosevelt Letter.
The text of the Presidents letter TO
the Labor Relations Board follows
! My Dear Mr.. Chairman:
/ 1T has come to my attention that
out of a total number of approxi-
mately $50 different codes which have
been approved and are now in effect
a very small nunber-probably less
! than five-contain provision for the
! consideration and final adjudication OF
/ complaints of violation of labor pro-
/ visions.
The existence of this provision in
! this handful of codes was due to the
/ evolutionary process of code making
during the first year of N. r. A. ]
understand that since those days ne
provision for final adjudication has
entered into any of the later codes.
1T is. of course. clear to me that Il
is reasonable that some provision fol
appeal should be a part of Govern.
ment policy. Nevertheless, the fac
that Government has approved thi;
provision in these very few code:
makes it imperative that Government
should live up to the letter of the
agreement as long as these codes re.
main in effect.
Sets Down Principles.
"I, therefore, request that the Ma.
tional Labor Relations Board con.
form to the following principles il
cases arising under these few code:
until such time as the codes them.
selves may be altered, either by execu.
tive action or by the passage of nev
laws
q. Whenever in an approved cod
of fair competition provision is mad
for the consideration and adjudica
ton of complaints of violation of tn
labor provisions of the code, and wher
q NOA4Ai4A4lONNs OOoAA Va OlA4CA u
has been established under the code
to which an appeal can be taken ant
which is empowered to make fina
and enforceable decision of such com
plants, the National Labor Relation
Board will refuse to entertain an,
such complaint or to review the rec
ord of a hearing thereon or to tax
any other action thereon.
20. Whenever a complaint shall b
made to the National Labor Relation
Board that the tribunal of appea
established under an approved code o
fair competition for the final adjudi
cation of labor controversies has no
been constituted or is not qualified IL
accordance with the requirements o
such CODE the National Labor Rela
tions Board may investigate the merit
of such a compalint and submit 1t
recommendations thereon to tn
President.
"3. Whenever in the case OF tn
type of code referred to in paragraph
/, complaint shall be made to tn
National Labor Relations Board b
either party to a case before the tr1
bunal of appeal that the decision o
the tribunal of appeal is contrary t
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