Evening star., 1938-08-31

that today it is the supreme law of
the land that workers may not be
interfered with in their right to organ
ize and chose their bargaining spokes-
men.
The Senate Committee on Civil Lib
critics, headed by Senator Bob La Fol-
lette of Wisconsin, probably was the
most instrumental force in revealing
the horrible details of coercion in Har-
Ian County. Then. too, the Depart
Ynent Of Justice. under Assistant At
torney General Brian Mcmahon.
turned on the heat with a sensational
trial which again exposed to view the
crimes committed in employer-employe
wars in Harlan County.
Pinched From Three Sides.
Where the National Labor Rela-
tions Board entered the picture was
in It's persistent execution of the va
rious clauses Of the Wagner Act and
in the battle which it won In the
Circuit Court of Appeals.
Thus the coal operators were
pinched from three sides. They could
no longer resort to methods which
eontravened the collective bargaining
statutes. They had hoped to persuade
the Circuit Court of Appeals that
coal mining was not interstate COM
merce. but this was disposed Of by
the court on June 8, last. The ques-
ton then confronting the operators
was whether to carry on an appeal,
face another harassing trial on the
criminal charges with another jury. or
to wind up the whole business with
new approach.
The coal operators have adopted An
enlightened course. They could not
unmake the Wagner law. They could
not disobey it. They went the whole
distance in their agreement. They de-
cided to do business with the United
Mine Workers and to join with the
other coal operators in the so-called
Appalachian sales conference where
by arrangements for marketing coal
are carried on. Thus does the settle
ment of the labor situa ton affect in
an important way the competitive
tiOAAElllS klo" my pui VA oil CAitllSINc
production area which was non -union,
and whose prices were used by pur-
chasing agents against companies en-
ploying only union labor
Board Set No Precedent.
Some criticism has been leveled
against the Labor Board for dropping
the cases it had against the Harlan
operators But the Labor Board es-
,tablished no precedent in what it did
Cases are dismissed by the hundreds
when employers and employees finally
make agreements and abide by the
Wagner law. The Labor Board had
won in the Circuit Court of Appeals.
The next step was up to the operators.
There was a discretionary power, how
ever. which the Labor Board was able
to exercise with respect to the details
OF its own order. Here an adjustment
was reached as to the back pay in
volved with respect to workers dis
missed for union activities in violation
Of the law.
Any other labor union can come into
the picture when the present agree
ment expires next March and receive
the protection of the Wagner Act
While the check off on dues has been
agreed to by the operators, it covers
only the union members. and there has
been no stipulation requiring closed
shop. The A. F. of L. and affiliated
Unions have the right to seek members
In Harlan at anv time
Altogether the agencies of the Gov
ernment worked together to achieve
result-respect for the Wagner Act
which is still the law OF the land by
command of Congress and the ST.
preme Court of the United States.
Now If the Federal agencies will con-
verge on the labor situation in Mayor
Hague's bailiuick. the administration
here will be able to chalk up another
important victory for civil liberties in
addition to the notable one just
achieved in Harlan County, KY.
(Copyrght 1881