The Washington times., 1937-09-06

BOake Carter
Rights of the NLRB
Setting Itself Above Courts
Encouraging Lawlessness

Labor Relations Board member
ship, both central body and
regional bodies, needs a slap
ping by Congress-and a hard
slapping at that.
Not content with the majority
and I use the word majority
advisedly-of the gional
boards making a spectacle Of
themselves by conducting hear
ings in widely separated parts
of the country in a manner
which would do credit to the
most hard bitten drumhead
courtS-martial, the Nationa !
Labor Relations Board in Wash.
ington caps the performance by
blandly thumbing its nose at
the accredited courts of law in
the land, saying, in effect: Run
along, little man, and mind your
business. We're the law"
THAT, in a nutshell, is the
Aeffect of the NLRB's attitude,
as expressed In its statement re-
garding a dispute between the
C. I. o. and the A. F. Of L. and
an electrical company at Am.
bridge, Pa.
The company entered into a
contract with the A. F. Of L.
affiliate calling for a closed
shop. The C. I. o. affiliate
challenged the contract. The
company, in the middle, went
into Federal Court to ask what
it should do. The Federal Court
listened to testimony from all
three sides, considered the evil
dence and ruled the company
had to carry out its contract
with the A. F. of L. affiliate.
Whereupon the NLRB blandly
steps forward, says the Court has
no business in this, orders an
election and tells the company
that if it obeys the Federal Court
it will be cited for coercion and
unfair tactics.
Actually, its wording was this:
1.-THE (Federal Court) decree is
no bar to the instant proceed
1ngS (election) under the Ma
tional Labor Relations Act, or
the making of an order by the
board under the terms of the
act This act embodieS a
public policy of national con-
Germ and Is the supreme law Of
the land on the subject mat
ter covered by it,"
NOV the intent of Congress,
AZ when it passed the National
Labor Relations Act, which es-
tablished the NLRB, was to set
up machinery to prevent en-
ployers bludgeoning their work
ers into serfdom of company
unions.
The NLRB was established to
perform the duties of umpire
in industrial-labor disputes I'M
der that act, to decide on merits
Of cases brought before it. But
Congress also gave the right
the democratic right-of either
party to appeal any Of the rul-
ings Of the NLRB to the courts
of the land. The courts must
either uphold the NLRB or rule
that it's decisions are in error in
law and in fact.
Then, from that point on, the
NLRB, or the parties involved,
follow the usual routine of car.
rying the disputes. if they so
wish, to the highest court with
humble apologies to the NLRB)
of the land-the United States
Supreme Court.
In telling a Pittsburgh Federal
District Court to go jump in
the lake, the NLRB sets itself
above the act and says: I'm
the whole works."
HOW can anyone hope to re-
Al ceive justice from a group
of men who believe it is quite
all right to set themselves up
as little tin gods above and
beyond all established law, and
above the courts?
The NLRB is merely a quasi
judicial board, not having full
judicial powers. It's members
and those Of its regional bodies
are political appointees. the
majority Of whom appear to
have not only not the least con.
ception of fair play or the rules