The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-11-17
NATIONAL LABOR RELATIONS BOARD

0ETURN to the purposes and functions pre-
- scribed in the National Labor Relations Law
is the essence of the recommendations adopted by
the Houston Convention. The law was intended
to assure to Wage-earners the right to member
ship in unions of their own choosing for the pur-
pose of collective bargaining through their duly
chosen representatives. Thatmeans Society through
it's administrative agents assures voluntary lnStl-
tutions and practices. The Act intended to under
write the economic right Of wage-earners to union
membership to advance their rights and interests
Nothing was further from the purposes and
intentions of those promoting the legislation than
efforts to coerce workers into membership in un-
ions not of their own choosing or to control the
structure of union organization or to regulate un-
ion practices in collective bargaining 1t was in
tended guarantee of voluntary practice in col
lective bargaining.
The first months of the administration of the
Act held great promise, but unfortunate develop
ments came when administrative duties required
greater experience in the field of labor problems
and greater maturity of judgment than the ad-
ministrative staff possessed The spirit of parti-
sanship to special form of union organization
early began to interfere with impartial admins
tration
The Executive Council reported to the Houston
Convention that the National Labor Relations
Board had been administering this Act contrary
to it's letter and spirit and intent with manifest
bias and prejudice against the American Fedora
ton of Labor and in favor of rival and dual organ
izatiOnS. We have repeatedly condemned in VigOr-
no direct labor experience or responsibility should
undertake to determine the form and structure of
our labor movement through decisions clothed
with judicial authority.
The Executive Council declared the Board had
exceeded it's authority on these points:
First, in a large number of instances it's agents
have shown gross favOritsm and bias in the
handling of cases, furtherng the obiectives Of one
union against another and faVoring one form OF
labor organization
<l,,,;,,; G,I Al, I.,,
set aside legally valid and binding contracts en-
tered into in good faith by bona ide unions and
employers.
Third, through the arbitrary determination of
appropriate units in cases dealing with the ques-
ton concerning representation, the Board has
sought to impose upon workers regardless of their
wishes~the type of organization it favored.
The Convention declared that by its manner
and method of administering this Act, the Nation
al Labor Relations Board had brought administra-
tive justice into disrepute
The Convention further declared amendments
to the Act were imperative to preserve self-gov-
ernment in unions. Amendments are to be drafted
as the convening of Congress- as possible so
that all developments and decisions shall be taken
into consideration. Amendments shall deal with
the following:
1) The unit rule must be changed to conform
to that which is in the Railway Labor Act so that
it will be obligatory on the Board to grant craft
or class the right to select its bargaining represen
tatlve by majority vote.
(2) The power of the Board to nvalidatc con-
tract>m must be definitely curtailed
(3) Every known interested party should be
served with due process and be afforded an oppol-
tunity to appear in any case No contractual rights
should be passed upon without every party to the
contract being served with process and given the
right to appear in the case.
(D Intervention by interested parties should
be made a matter Of right and not a matter of dis
cretion.
60 Definite qualifications should be set forth
in respect to examiners. Some are wholly incOnl-
petent and unfit to in that capacity. In fact
affdavits of prejudice should be permitted to be
filed against them where an examiner is consd-
cred unfair.
Co Qualification respecting power over the is
suance OF subpoenas IS necessary and liberaliznG
Of the rule that respect should be provided
CD The secrecy of files must be lifted to the
extent that all persons may have an opportunity
to examine record which contains material or
which decisions are made. The idea of keeping in
formation and material il secret file and ther