Evening star., 1938-02-01

Wagner law.
Even this very week. determined
movement is on foot to discredit the
board by public investigation. with
the hope that what is revealed will
tend to prove the alleged worthlessness
Of the act itself.
But here is where the conservatives
make their prime mistake in tactics
Instead of conceding collective bar
gaining, as provided in the Wagner
law, and making their fight on the
improper use Of economic power by
labor groups who call unjustif1ed
strikes or who demand wage increases
when there Is no economic justifica-
ton for such demands and bring on
indefensible interruption to produc-
ton, the fight against collective bar
saining itself is kept going with
undiminished intensity.
Difficulties in Administration.
The Labor Board is, to be sure.
unpopular with employers, and, to
eome extent, with employe groups.
lhls is not a sign of the ineptitude
OF the board, but of the extraordinary
olfhculties encountered by new
tribunal in trying to administer. for
the first time in American history. a
Federal law with respect to labor
relations that really has some enforce
ment teeth in it.
ne Labor Board is the ostensible
target OF employer attack lust now.
but the aim is to break down the
Wagner Act. With few exceptions.
business groups have not ventured to
come out openly for an outright repeal
OF the law. Possibly they know
Congress would not sanction the repeal
or the Illustration of collective bar
gaming by destructive amendments.
For while 1t had been thought on
Capitol Hill that the American Fed
Grafton OF Labor and the Committee
FOR Industrial Organization would Join
IN the movement to investigate the
board and hence to weaken its pres
tlee. But the other day surprise
Uas disclosed when the A. F. of L.,
admitting that it had criticized the
boards decisions, announced that no
investigation was necessary.
Normal Way Through Courts.
II the purpose of a congressional
inquiry is to discuss over and over
again the merits Of the various cases
that already have been tried by the
board, then it would be waste of
time. because the circuit courts of ap-
peals, in due course, will review each
OF these decisions and will pass on
questions Of law as we'll as improperly
construed questions of fact. This is
the normal way to correct them in
cases OF overzealous or mistaken rul-
tnes Of 4 Government commission or
board
II. on the other hand, the purpose
Of an inquiry is to find out something
ABOUT the act itself, and whether it
is really tending to diminish labor
disputes. as claimed for the law in it's
own preamble. then an investigation
might be constructive in pointing the
way to additions to the law that would
help to smooth the road to industrial
peace. Certainly some more concilia-
tory machinery is necessary, and pos
eibly some clauses such as now are
contained In the National Mediation
Act governing the relations of labor
to the railroads. In the latter case.
strikes cannot be called till a vote of
the membership has been taken and
until certain conciliation processes
prescribed by law have been exhausted
by both parties.
The merits of the Wagner law would
furnish proper basis for investiga-
ton. but prosecution of the Labor
Board itself, with the members as de-
1endans. Is clearly not justified bv
precedent or by evidence uncovered
thus far.
Public May Act.
The most that would be found in
study Of board operations is that the
rules concerning the conduct of hear
1nes by trial examiners and the ad-
mission of evidence, as well as the
rules relating to the subpoenaing of
witnesses, would bear considerable re-
vision in the interest of fairness. Con-
eress can compel this as public opin-
ion sees the need for it.
Meanwhile, broad Investigation
OF management and labor problems
would be helpful. provided it was
not partisan affair. and clearly not
in the interest of these who want
to use the investigation as weapon
to break down collective bargaining.
The right of workers to organize
tn any way they please, without inter-
ference Of any kind whatsoever by any
employer, is now the law of the land,