Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1937-04-22

By its unanimous decision up
holding the Constitutionality OF the
Wagner Labor Relations Act. the
supreme Court of the United States
confirmed the right of Labor not
only to bargain collectively on
questions of hours and wages and
other matters. but to intrust the
bargaining to a single organization
which shall represent all employees
of any given employer. The decis-
ion is far-reachins in its effects and
implications. Not alone in Labor
matters. but in its possible effect
upon the present issue raised by the
Presidents request for power to
name additional justices and so
"~liberalize" the Supreme Court. this
decision is regarded here as the
most important since the inyalida-
tion by the Court of NRA and AAA.
Five cases in which the National
Labor Relations Act vas in question
were decided. The controlling deci-
sion, on which the Court was unani-
nous, held that a business clearly
engaged in interstate commerce
must permit its employees TO organ
ize and to elect a Labor organiza-
ton of their own choosing to repres-
| ent all employees as their sole par
gaining agent. In case of refusal
of an employer to bargain under
such conditions. the workers can ap-
peal to the National Labor Rela-
tons Board. which is required to
conduct an investigation and then
issue orders based upon the facts
disclosed.
Only the workers can invoke the
Labor Relations Act. Employers
have no but to accept the
Boards rulings. If the majority OF
their employees vote to elect Mr..
Lewis's C. |. o.. or any union Of the
Federation If Labor, as their sole
representative in negotiations with
the employers, then employers are
bound to recognize the outside Tn
ion. On the other hand. if a major
sty of the workers decide on their
own company union as their rep
resentative, then any outside union
is barred from acting for any EN-
ployee or group of employees. The
principle of the law Is that there
must be but one union organization
recognized for any particular indus
try or business establishment. More
over, employers are punishable un
der the law if they interfere with un
ion elections. or dismiss a worker
for union activities.
OF the five decisions upholdins
the Labor Act, the Court was divid
ed five to four. in four cases. Thu
issue in those cases was not, how
ever. the right of the Federal gov
eminent to prescribe rules for La
Dor negotiations. but whether il
these four cases interstate com
merce was involved. Justice Rob
erts, Stone, Brandeis and Cardoz'
agreed with Chief Justice Hughes II
broadening the Interpretation of In
terstate commerce, so that the unan
imous decision upholding the Act II
interstate commerce applied to al
five cases.
Controversy Not Over
The battle for Court reform |
far from being over, however. 1t l
the most intense controversy whicl
has divided Congress In many years
1t forms an effective dam to blocl
all important legislative measure
until it is out of the way. Bot
parties in both houses Of Congress
recognize this. and members are de
termined to get the Court issue re
solved before buckling down to tn
other mayor questions awaiting
their actions.
Leaders of both parties in bot
Houses are seeking a formula 70
compromise, with the question still
in doubt as TO whether the Presiden
will accept a compromise. The plal
most favored by the compromiser
is an amendment to the constitution
which might have a chance of &C