Evening star., 1937-02-03

Now, however,
that the courts have taken hold of
the question of occupation of the
plants by "sit down" strikers, this par
ticular issue has been eliminated from
the discussion without the necessity Of
either the strikers or the company
making concession.
In sense, therefore. the court
order has helped the movement to-
ward peace With the plants freed
from sit down" strikers, the problem
then becomes one of real collective
bargaining. What proportion of the
employees does the Lewis union repre-
sent and what proportion wants to
bargain either through the American
Federation Of Labor or through the
employe committees that are not con-
nected with outside unions?
Fact Seeking Next.
Here is a question of fact, then. to
be determined by some impartial
agency. Maybe it will be the National
Labor Relations Board and maybe it
will be special tribunal set up
through the efforts of Gov. Murphy
of Michigan, who has shown himself
in the crisis level-headed and fair
minded public official. It is true he
has been criticized by some of the
workers for not assuring protection in
answer to their petition. but the fact
remains that State militia are on the
ground endeavoring to handle a deli
cate and trying situation without pro-
voking bloodshed.
Peace is the important objective
now. Also there comes the test of
collective bargaining. If the Lewis
unions only had realized 1t, they stood
to gain far more by evacuating volun-
tarily than by being forced by court
order to give up their occupancy Of
plants they do not own.
Majority a Question.
But when 1t comes to an inSistence
on collective bargaining, and on being
accepted as the sole and exclusive
bargaining agency Of the workmen,
when in fact the Lewis unions may
not represent more than a minority
OF the plant employees, the negotiations
take on an altogether different aspect.
II the Lewis unions have majority,
they will insist that the national labor
relations act entities them to be con-
sidered as the sole bargaining agency.
The law may or may not be declared
unconstitutional later on, but today it
specifies that the majority can bind
the minority and must be regarded
therefore as the exclusive agency for
negotiation of wages and hours.
The General Motors people have
never agreed to the majority-rule idea.
1nasmuch as they think no workmen
can be forced to accept as their bar
gaining agents anybody they do not
themselves designate. In government
Al matters majority has to rule and
laws are made by the ma jority and
must be accepted by the minority.
In matters Of individual contract
and work. however, no majority, 1t is
contended. should have the power to
make contract for anybody who does
not himself consent formally to such
an arrangement. If it is legal, then
any majority can impose its will on
q minority and the right Of the indi-
Ndual to say how much wages he will
work for and how many hours he will
work has been taken from him and
transferred to some outside group.
Servitude Theory Raised.
The theory back Of these legal OBJ
1ections Is that this would amount to
involuntary servitude and would vio-
late the Federal Constitution.
But the national labor relations act
and the majority rule point are now
in process Of being adjudicated in the
Federal courts and within a few
months doubtless will be passed upon
by the Supreme Court Of the United
States.
Meanwhile, what is the solution?
President Roosevelt himself put into
effect in 1884, in a similar crisis,