The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-10-06
Judges Have Often
fCNp%;nnel Eroro Dcrryo onal


Continued From Page One)
served as the heavy artillery of war
fare waged by employers against labor
unions. Because of conditions it be-
came necessary to secure declaration
in law that wage workers in labor re-
lations with employers are entitled to
the exercise of rights guaranteed un-
der Amendment l of the Constitution.
"The first legislation declaring this
principle secured by the agitation of
the American Federation Of Labor
were the labor sections of the Clay
ton Antitrust Act. The interpreta-
ton of the U. S. Supreme Court in a
test case of the constitutionality of
this Act, increased the authority of
the courts over wage workers in their
collective activities.
Anti-Injunction Law Enacted
Cumulative experience demon :
strated the futility of realizing pro-
lection from legislation until law
could be secured which would prevent
judicial abuses to which the members
of labor organizations were subjected.
With this end in view the American
Federation of Labor started agitation
and brought about the enactment of
the Norris s-LaGuardia Injunction Law.
Recovery Act Protected Labor
"When the National Recovery Act
was being drafted it was through the
insistence and demand of the Ameri-
can Federation of Labor that provis-
ions were incorporated to protect
wage workers in union membership.
These provisions of the Act were
known as Section IA. These provis-
ions were drafted in the light of the
experience Of organized labor with the
courts and their ability to read into
laws enacted for the benefit of labor
meaning that would defeat the pur-
poses Of the legislation.
Representatives of organized labor
availed themselves of the best legal
advice in drafting the provisions of
Section IA so that the purposes of
the legislation might not be defeated
by judicial Interpretation. This legis-
lation forced the hands of unfair en-
ployers, with the result, as a pretext
Of complying with the law, the COM
pany union fourished.
"The decision of the Supreme Court
declaring the National Recovery Act
unconstitutional wiped out Section IA
The American Federation Of Labor
thereupon gave attention to securing
a law to perpetuate the principles of
Section IA and to abolish the COM
pany union. Out of this effort has
come the Act known as the National
Labor Relations Act.
LabOr's Constitutional Rights
Safeguarded
"The agitation which has been car
ried on by the American Federation
of Labor, and its affiliated member
ship for legislation to afford protection
for wage workers in the exercise of
rights guaranteed under the sCoastitu-
tion Of the United States has f6cused
attention upon the principles Of 4ibefty
involved and brought about wider
appreciation of the justice of the de-
mand of labor for the right Of indie
pendent representation in the court
that wields greater power over the
"life, liberty and happiness" of wage
workers than any other tribunal, j. e..
the office Of their employer.
"The struggle which our affiliated
unions has carried on in defense of the
right to organize has had all the i'm.
plications Of warfare with enemy
forces. Those membersfwhose loyalty
survive the crucial test of experience
know there is no rapid road to sue.
cess.
"The policies of the organized labor
movement, as represented by the Am
ercan Federation of Labor, are baseC
on principles of democracy.
"These principles comprehend the
fullest. opportunity for the presenta'
tion and support of divergent views
and convictions, out of which are
shaped the majority judgment, which
must be applied, to achieve direction
and execution of plans.
"Our movement has made progress
because trade union practices impose
self-restraint and self-discipline in the
face of gruelling 'provocation. This
method has permitted better Judge
ment to prevail and gains to be Sc
cured and maintained to await the OPP
portunity of another day"