Evening star., 1938-12-05

backsA. F.
In uti|ityCase
OverruIes AbroeotingI
Contract; Widens
Boord Jurisdiction
BY the Associated Pres

BY the Associated Pres
The Supreme Court ruled today
that the National Labor Relations
Board has supervision over a COM
pany operating in only one State,
but which sells its products to other
concerns engaged in interstate COM
merce.
This decision, applying specifically
to the Consolidated Edison Co. of
New York, Inc, gave broad power,
attorneys said. to the Labor Board
in administering the National Labor
Relations Act.
The opinion. delivered by Chief
Justice Hughes. also held, however.
that the Labor Board had exceeded
It's authority in directing abrogation
OF collective bargaining contracts
between the company and the Inter-
national Brotherhood of Electrical
Workers. an affiliate of the American
Federation of Labor.
Acted on C. /. O. Complaint.
The board had acted in the case
on complaint by the United Elec-
trical and Radio Workers of Amer
ica, a C. I. o. affiliate.
The latter contended Console
dater Edison had picked the fed
Grafton affiliate to represent the
employees in collective bargaining
negotiations without giving the en-
ployes an opportunity to express a
preference.
Consolidated Edison contended in
arguments before the court it was
not subject to the Federal act be-
cause it operated entirely Within
New York State and was regulated
there by State law.
The Labor Board replied that the
company sold its product-electric-
ity, gas and steam-to railroads.
communications companies and
other enterprises which operate be-
yond the confines of the State.
1t was argued by the board that
the Federal act applied because a
strike or other labor disturbance at
Consolidated Edison might have a
catastrophe" effect on interstate
commerce.
Intimidations Charged.
Finding the company guilty of
unfair labor practices" the board
said it had "set in motion a vigor-
GUS campaign to intimidate. in
fluence and coerce' its employees
into joining the Federation affiliate.
The board also told the court
prior to its decision today that the
company had employed industrial
spies and had discharged six en-
ployes for union activity. Their
reinstatement, with back pay, was
ordered.
Mr.. Hughes said in his ruling
"it cannot be doubted" that the
activities of Consolidated Edison,
while conducted within the State,
are matters of Federal concern. ;"
In their totality." he added. they
rise to such degree of Importance
that the fact that they involve but
small part of the entire service
rendered by the utilities in their
extensive business is immaterial in
the consideration of the existence
of the Federal protective power"
Board Had Authority.
After reciting the results which
he said would be produced by STOP
page Of the Consolidated Edison
business, the opinion continued:
If industrial strife due to unfair
labor practices actually brought
about such catastrophe, We sup
pose that no one would question the
authority of the Federal Govern
ment to intervene in order to facil-
ltate the settlement of the dispute
and the resumption of the essential
service to interstate and foreign
commerce.
But it cannot be maintained that
the exertion of Federal power must
await the disruption of that COM
merce. Congress was entitled to
provide reasonable preventive meas
ures and that was the object of the
National Labor Relations Act. IL"
We conclude that the board had
authority to entertain this proceed
ing against the petitioning COM
panies."
Can't Make Contract.
The Chief Justice decided, how
ever, that the National Labor Rela-
tions Act gives no express au-
thority to the board to invalidate
contracts with independent labor
organizations"
I'VE think" he continued, that
(the) authority to order affirmative
(See COURT, Page A-40