The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-05-26
ANOTHER MILESTONE


THE last step has been taken in outlawing
company unions. The United States Supreme
Court held in two decisions dealing with the Penn
syvania Greyhound Lines, Incorporated, that the
National Labor Relations Board, the agency desig-
mated to maintain the right of wage-earners to
organize in unions, has the power to order COM
pany unions disestablished. The decision of this
highest tribunal held that it was the jurisdiction
of the Board to determine whether the organiza-
tion bona fide union or not. The Court held
that in order to secure to employees the benefits
of self-organization and collective bargaining
through representatives of the employees own
choosing, the Board was authorized to order the
abandonment of any unfair practice and to take
affirmative action to carry out the policy of the
Act.
The Court pointed out that the executive Of
ficers of the company had been active in promot-
ing the employees association, urging employees to
join, presiding over meetings, and directing Sc
lection of employees representatives. The bylaws
and regulations of the association reserved to the
executives of the company final review or control
over all matters. On the one recorded instance
when wage increase was asked the company rep
resentatives decided the matter by merely refusing
to participate in submitting the request to the
joint reviewing committee. Such an organization
is not self-organiZation for the purposes OF COL
lective bargaining-now right of Wage-earners.
Incidental to the decision it appears that on
April l, 1886, the Court of Appeals for the Third
Circuit held hearing on the petition of the Natl
onal Labor Relations Board to enforce it's order.
After one year and two months in which there
were three postponements and two rearguments,
4 hat ct ha q
requiring the employees association no longer be
as the bargaining agency for the work
ers and the enforcement of the order as changed
This was done on the ground that the Board could
not issue such an order without granting hear
ing to the association or without an election. On
February 49, 1888, the Supreme Court reverses
the Court of Appeals and thus makes the original
order of the Board effective.
Although decision on this order was long de-
layed it is none the less important in establishing
the Authority of the Board to maintain the rights
of workers to collective bargaining without the
of company union. However when
the Board undertakes to extend it's functions to
the determination of rival claims between two
unions it imposes governmental supervision of
collective bargaining that kills the possibility of
of unions by their members. Free
choice for the workers means freedom from gov
ernmental control as well as employers. 1t means
freedom for the workers to work out their own
problems.
When the Board in the Consolidated Edison
case, directed that a union contract be set aside
it was not protecting free choice for workers but
was laying the foundations for government regu-
laton of the labor movement This mistaken in
depreciation of its function by the Board, the
American Federation Of Labor will oppose with all
its power.