Evening star., 1937-03-29

may seriously impair the ability of an
interstate rail carrier to perform its
service to the public, Is matter Of
public concern" Justice Stone said in
reading the opinion.
in considering the propriety Of the
equitable relief granted here" Stone
Continued. I'VE cannot ignore the
Judgment of Congress, deliberately ex-
pressed in legislation. that where the
obstruction of the company union is
removed. the meeting of employers and
employees at the conference table is
powerful aid to Industrial peace.
Moreover, the resources Of the
railway labor act are not exhausted II
negotiation fails in the first instance to
result in agreement.
IT disputes concerning changes in
rates of pay, rules OF working condi-
tions." the decision added. are not ad-
justed. either party could invoke the
services of the National (Railway)
Mediation Board.
Stone continued:
With the coercive influence OF the
company union ended, and in view OF
the interest of both parties in avoid
ing strike, we cannot assume that
negotiation, as required by the decree,
will not result in agreement. or lead
to successful mediation, or aroltratlon,
or that the attempt to secure one or
another through the relief which the
district court gave is not worth the
effort"
No Agreement Compelled.
Stone said "the statute does not
undertake to compel agreement be-
tween the employer and employees, but
1t does command those preliminary
steps without which no agreement can
be reached"
"It at least requires the employer
to meet and confer with the authorized
representative of its employees" he
said, ito listen to their complaints, to
make reasonable effort to compose Diff
ferences-in short, to enter into q
negotiation for the settlement Of labor
disputes"
On the question of whether the rail-
way labor act could apply to railroad
employees not directly connected with
operating trains, Stone said.
Petitioner insists that the act as
applied to its back shop employees is
not within the commerce power since
their duties have no direct relation
ship to interstate transportation.
The back shop employees are en-
gagged in making classified repairs,
which consist of heavy repairs on
locomotives and cars withdrawn from
service for that purpose for long
| periods When not engaged
in repair work, the back shop en-
| ployes perform store order work, the
| manufacture of material such as rivets
and repair parts to be placed In rail-
road stores for use at points on the
line.
The activities in which these en-
ployes are engaged have such a re-
lation to the other confessedly inter-
state activities of the petitioner that
they are to be regarded as part od
them.
Danger to Service.
"The relation Of the back shop tc
transportation Is such that a strike
Of petitioners employees there, quite
apart from the likelihood OF its
spreading to the operating depart
ment, would subject petitioner to the
danger, substantial, though possibly
indef1nable in its extent, Of Interrupt
ton of the transportation service.
The cause is not remote from the
effect. The relation between them Is
not tenuous The effect on commerce
cannot be regarded as negligible.
"It is no answer, as petitioner sug-
gests that it could close its back shop
and turn over the repair work to in
dependent contractors. Whether the
railroad should do its repair work in
its own shop or in those Of another Is
a question Of railroad management
It is petitioners determination te
make its own repairs which has
brought its relations with shop en-
ployes within the purview Of the rail-
way labor act It Is the nature OF the
work done and its relation to inter
state transportation which afiord
adequate basis for the exercise OF the
regulatory power Of Congress.