Evening star., 1938-07-31
SCH|SM M|NLAB0R
HEADED T0COURT
Vital Issues Under Wagner
Act to Be Reviewed by
Supreme Court.
~ the Associated Press.

fy the Associated Press.
Issues vitally affecting relations of
American workers and employers un-
der the Wagner Act appear headed for
Supreme Court review this fall.
They spring from these three
sources:
l. The 3-year-old schlsm in the
ranks of organized labor. as a result
Of which one case already is awaiting
Supreme Court review.
2. The conflict over the legality of
the sit-doWn strike
8. Dispute over the right of workers
10 break an anti-strike agreement and
still claim protection of the Labor
Board
In the Federal appellate courts an
other batch of labor relations oues-
ticns probably will be brought up for
tests In the coming months, predom-
tnantly involving the rivalry of the
Committee for Industrial Organiza-
ton and the American Federation of
Labor.
Two cases already are on file in the
supreme Court One is that of the
Consolidated Edison Co. of New York,
involving board invahdation of an
A. F. of L. contract. The other is
the Columbian Enamellng & Stamp
ing case, which poses the question
OF workers rights TO strike in viola
ton OF no-strike agreement and still
retain the status of employees.
Third Important Case.
A third and highly important case
likely to reach the Supreme Court is
the boards order to the Fansteel Met
allurgical Corp. of Chicago, to reinstate
discharged c. I. O. sit-down strikers.
The Circuit Court of Appeals in
Chicago threw out the order and sus-
tanned the corporations contention
that participation in a sit-down strike
should preclude reinstatement. The
board is considering an appeal.
The Consolidated Edison case raises
the question of whether the board had
jurisdiction over the utility, and
whether it could invalidate an A. F.
Of L. contract covering some $4,000
employees.
The board held the contract void
on the grounds the company i'm
posed the International Brotherhood
OF Electrical Workers GA. F, of L.
upon Its employees and opposed the
G. /. O's United Electrical and Radio
Workers Union.
This was plainly illegal course
OF conduct" the board said.
Other Contracts Held Null.
Since then other A. F. of L. con-
tracts have been declared void in
board rulings, bringing the federation
and the board into conflict,
In the Columbian enameling case
the board has petitioned the Supreme
Court to hold that workers on strike
in violation of an agreement do not
forfeit either their status as employees
or protection of the Wagner Act.
Here again the Circuit Court of
Appeals at Chicago ruled against the
board. holding that a strike in viola
tlon of an agreement severed the en-
ployment relationship and ended COM
pany responsibility to bargain with
the strikers.
If the application of the (Wagner)
act Is to depend upon technical COM
pliance with the terms of such agree
ments," the board said. "a large num-
Der OF industrial disputes may be re-
moved from its scope"
Board Was Overruled.
The boards case against the Thomp-
son Products Co. of Cleveland. brought
by the c. I. O's Auto Workers Union.
Is another likely to land in the !
supreme Court. Here. too, a circuit |
court of appeals overturned the boards
nndlngs of Wagner Act violations.
The hotly disputed board decision
granting Harry Bridges C. 10. Long
shoremen's Union exclusive bargaining |
power along the Pacific Coast. NAV ,
be taken eventually before an appel |
late court.
Joseph Padway. general counsel for
the American Federation of Labor
said recently that Joseph P. Ryan,
mead OF the A. F. Of L. Longshoremen's
Association, rival of the Bridges or
had requested him to take
any steps necessary to contest the
boards ruling.