Evening star., 1937-03-07
STEEL BARGAINING GIVES
EVIDENCE OF1COODFAITH'
Forces of Management and Labor Have
Set New Standard of Industrial
Craftsmanship.

| after arranged 10 replace Str1Klng
workmen and withdrew from confer.
ences temporarily. The next develop
ment was the convincing of union
representatives without Birge partici.
patton that the industry could not
meet the workers demands, the strike
was called off, and a new agreement
signed.
The Birge company then refused to
take back all strikers, claiming it had
guaranteed replacement workmen a
full years employment and that it did
not have sufficient employment for
both groups. Subsequent conferences
brought no settlement.
Because of the company's with
drawal from some of the industry
union conferences and its attitude
during subsequent meetings with the
union the board majority determined
that there had been a refusal to bar
gain collectively and application Of an
unfair labor practice within the mean
ing of the act.
I'VE are persuaded by the record
before u.s. the majority said. that
the respondent at some time in this
period, or perhaps earlier, determined
to sever its relationships with the
union The strike provided a con-
venient setting for effecting that
determination and the respondent did
not hesitate to avail itself of the
opportunity"
Minority Report Filed.
Dissenting in the view OF what con-
stituted real collective bargaining in
this instance, Chairman ]. Warren
Madden filed a minority report con-
teining the following excerpts:
The respondent then, having in no
wa interfered with the development
by the union Of its full organized
strength. and having bargained with
it in good faith to the time Of the
strike, secured men to fill some of the
places left vacant by the strikers by
guaranteeing to three of the men that
they should have work for a year.
The statute which we administer
forbids certain unfair tactics OF en-
ployers which when practiced nave
made the economic contest between
them and their workmen an unequal
contest productive of the resentment
which always accompanies defeat
accomplished by unfair means. 1t
further requires that the employer
bargain collectively with his workmen.
But, having created this nearer ap-
Proclamation to equality in bargaining
power, it leaves the parties to depend
upon their economic power.
Il think the decision amounts to q
holding that an employer whose en-
ployes have struck, not as result OF
any unfair labor practice on the part
of the employer, is legally obliged to
close his plant for an indefinite time
while he negotiates with the strikers
for their return to work. I see no such
provision in the statute. If it is sue
cessfully read into the statute it will
have the effect of inducing unions to
call strikes without first taking care
full stock as to whether their economic
power is sufficient to bring the en-
ployer to their terms"
Board Makes Defense.
Defense of the principle of collec-
! tive bargaining, with its full impllca-
ton Of good faith, is voiced In the
following recent statement OF the
board:
THE theory of collective bargaining
rests on the fact that single worker
is helpless in presenting his needs to
the employer. He may be discharged
| If he so much as asks to have his
needs considered. His single voice be-
comes forceful when others join with
him.
1T is a fact that every industry, on
its own behalf, uses the device of col
lective bargaining The per-
sonnel manager when he hires a new
worker is engaged in bargaining on
behalf of the collective management
group company officers and stock
holders).
Therefore, when the workers ask to
have industry meet their representa-
tives to discuss the terms under which
they are willing to sell their labor they
are asking no more than equality OF
bargaining opportunity
Former Chief Justice Taft, in the
case of American Steel Foundries VS..
Tri-City Central Trades Council, ex-
pressed the following defense:
"They Qabor unions) were organized
out of the necessities Of the situation.
A single employe was helpless in deal
ing with an employer. He was de-
pendent ordinarily on his daily wage
for the maintenance of himself and
family. If the employer refused to
pay him the wages that he thought
fair, he was nevertheless unable to
leave the employ and to resist arbitrary
and unfair treatment. Union was es-
sential to give laborers opportunity
to deal on equality with their en-
ployer. They united to exert in
fluence upon him and to leave him in a
body in order by this inconvenience
to induce him to make better terms
with them. They were Withholding
their labor of economic value to make
him pay what they thought it was
worth"
Exe r N-I