Evening star., 1937-12-07


In labor relations which are bound to
evoke considerable discussion and de-
bate. The board says that rule pro-
hibiting outside activitie, during work.
ing hours lis in itself unobjectionable
and within the lawful power" of the
employer Ito adopt and enforce" but
that when such a rule has never been
enforced or is applied in such way as
to discriminate against employees, it
doesn't matter whether the discharge
came under lawfully adopted rule
or any other kind of rule, it's viola
tion Of law.
1t appears that in the case in ques-
tion-the Botany Worsted Mills of
Passaic, N. j., and the Textile Work.
ers' Organizing Committee, division
Of the c. I. O.-the employees at vari-
ouos and irregular intervals during the
day wheh there are Is to 20 minute
intervals of interrupted work, engage
in conversation and often sell lottery
tickets to one another or solicit funds
for dances or drives Of various kinds,
Including contributions for relief.
Rule OF several 1edTS.
These activities, it is contended by
the board, were all really banned by the
company rules, but over period of
. several years nobody was discharged
for violating them. The company,
moreover, says the board, took no steps
recently Ito prevent outside activities
unconnected with the union"
From this the labor board makes
out its case of discrimination and adds
that although the rule barring outside
activities was lawful and proper, it
was either non-existent or a dead
letter which was invoked and ap-
piled In discriminatory fashion"
The employe was ordered to be REIN
stated even though in the interim he
had obtained full-tine Job as a
union organizer.
The labor board is, of course, try
ing hard to prevent employers from
using various pretexts to discourage
union activities, but in the case above
mentioned something rather novel in
the field Of law is introduced. Thus
the fact that a rule has not been en-
thing as if it never had been a rule
at all.
Recalls Supreme Court Ruling.
Many persons will dispute such an
Interpretation because it is contrary
to the spirit of the law as laid down
by the Supreme Court of the United
States. Chief Justice Taft at one
time held that because law had never
been questioned as to its constitu-
tionality did not mean that the law was
necessarily constitutional. Business
men, too, would not get very far in a
court of justice If when the Federal
Government started after them for
some alleged violation Of the Sherman
antitrust law they appeared in court
and pointed out that the Federal Gov
ernment had never before made such
q violation the subject of an anti
trust suit.
What right does the board possess
to determine which of the rules made
by an employer governing working
conditions in his plant may be dis
regarded due to lax enforcement on his
part in the past? The real issue is
whether the employer has any right
to prohibit union activity during work.
Ing hours. Most unions have con-
ceded that the time for which wages
are paid belongs to the employer in
the sense that he Is entitled exclu-
sfvely to the workers time and atten-
tton. Some union contracts specifi-
cAlly stipulate that there must be no
union membership or other union ac-
tiv1tles during working hours or on
plant property. It is doubtful whether
the Federal courts will ever uphold
any labor board Interpretation which
seeks to establish motive for dis
mlSsal by arguing that rule hitherto
never enforced may now be consid-
cred discriminatory if enforced. In
past cases, the labor board has held
that bus drivers who have been vio-
lating rules now and then and have
not been punished cannot suddenly
Be dismissed even ostensibly because
OF the breaking Of those rules.
Motive Understandable.
AAe purpose VI tIlc ldDOr DOarQ Is
understandable. Almost every COM
pany has the power to set forth all
kinds Of rules of such minute char
acter as to cause involvement by some
employe at some time or other. Un-
der such circumstances it would be
easy for an employer to use the vio-
lation Of minor rule as an excuse
to dismiss . particularly active union