The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-06-02
Workers Rights dre|
Upheld In Decision
Supreme Court Rules Status
As Employees Retained +
By Strikers

0x 0tA AANSAS
Washington, D. C.-The following
review of the decision of the Supreme
Court in the Mackay Radio and Tele-
graph Company case, involving the
National Labor Relations Act, was
prepared by Joseph A. Padway, coun-
sci for the American Federation Of
Labor:
The United States Supreme Court
in the recent case Of Mackay Radio &
Telegraph Company VS.. National La
Dor Relations Board, decided Monday,
May 10th, has affirmed a principle of
vital Importance to the employe.
The principle long contended for by
labor is that the employe by going
does not lose his status as such en-
ploye, but on the contrary, retains all
his rights and is entitled to all of the
benefits of such status. The principle
has been set forth in the Wagner Act,
and the decision of the Supreme Court
represents an important affirmation
of labor's right in this respect.
In a unanimous opinion the court
upheld an order of the National La.
Dor Relations Board requiring rein
statement of five strikers whom the
company had refused to take back
after the strike because of their union
affiliation and activity. In answer to
the contention of the company that
the men were no longer employees and
therefore not entitled to the require
ments of the Wagner Act that no
discrimination be exercised against
them because of their union member
ship the court stated:
"The plain meaning of the Act is
that if men strike in connection with
a current labor dispute their action
is not to be construed as a renuncia-
ton of the employment relation and
they remain employees for the RENE
dial purposes specified in the Act"
In this decision the working man
need not fear the loss of all his rights
as an employe or the sacrifice of
privileges built up perhaps over
long period of years, solely because
of the fact that he has struck against
certain abuses. The decision affirm
ing and clarifying the principles es-
tablished in the Wagner Act marks
distinct advance in the protection of
the rights of the worker.
It should be noticed, however, that
there is in the opinion language to
the effect that if the strike was not
called because of some violation of
the Wagner Act and the employer
was not guilty Of an unfair labor prac-
tice, that the employer is privileged
to hire other workers to take the place
Of the strikers, and if these workers
are hired under promise of q long
term employment the company is un-
der no obligation to discharge them to
reinstate the strikers when the strike
is over and they seek to return to
work. Were the strike called because
of unfair labor practice, such as re-
fusal to bargain on the part of the
employer, then workers hired to take
the place of the strikers would have
to be dismissed regardless of the
length Of time for which the employer
Ildu oSIccu w hccp IHcHl Ill IiS GILL;
ploy.
Another principle of interest to la
Dor established in the decision is that
no technical objections to the pro-
cedure of the Labor Board in con-
nection with complaints against the
employer will be permitted. After
the decision in the Kansas City Stock
Yards case Morgan VS.. Wallace, de-
cided May 9th, 1881 it was feared
that the efforts of the Board to pro-
tect the rights of the worker would
be seriously hampered because of
procedural requirements. In the Nc
Kay case it was made clear that the
decision in the stock yards case will
not be construed as technical limita-
tion to any particular form of pro-
cedure. All that is necessary is that
the parties be fully informed of the
charges against them and given an op-
portunity to be heard concerning them.
Under the Wagner Act Congress
has prescribed no particular detailed
mode of procedure. In this case the
court said all that the Board must do
is fulfill the substantial requirements
of appraising the parties what they
are being charged with and giving
the parties an opportunity to be heard
and review any such charges.
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