Evening star., 1939-10-07
A. F. Of L.>PIans
To Appeal Ban
On Union Shifts
Gohsboroueh Ruling
Barring Transfers
Of Workers Scored

Justice T. Alan Goldsborough's
decision in District Court yesterday,
ruling that the American Fedora
ton of Labor had no right to trans
fer workers from one union to an
other. was the major topic of con-
versation today at the A. F. of l..
convention in Cincinnati.
The court issued an injunction re-
straining the federation from en-
forcing an order of its 1888 conven-
ton giving jurisdiction over beer
truck drivers to the Teamsters'
Union. The injunction marked q
victory for the Brewery Workers
Union which has had jurisdiction
over the drivers.
Thomas P. O'Brien, international
representative of theteamsters, now
In Washington, said today that the
Cincinnati delegates undoubtedly
were having plenty to say" about
Justice Goldsborough's far-reaching
ruling.
personally, I think he went a
little far afield," Mr.. O'Brien stated.
Padway to Appeal Ruling.
: After news of the decision reached
the convention, Joseph A. Padway.
the A. F. of LIS chief counsel, an
nounced he would recommend an
appeal to higher tribunal.
: THAT unsound and illegal doc
trine cannot stand" he stated
sharply. according to the Associated
Press. II must advise an appeal so
as to protect the rights of every in
ternational (union) afflliated with
the A. F. of L."
"This court holds" Justice Colds
borough ruled. that neither the
plaintiff the brewers), the Ameri-
can Federation of Labor or the
Teamsters' Union has au-
thority to pass upon which union
these beer drivers should be affili-
ated with, or any authority by coer-
cion of any kind, direct or indirect,
to control their union afflliation."
Justice Goldsborough added that
the court had "uncontradicted" evi-
dence that since the A. F. of l..
order transferring the beer truck
drivers in 1888, "the teamsters and
the American Federation of Labor
have endeavored to coerce, and have
coerced employers Of labor not
to employ beer truck drivers af-
filiated with the plaintiff. the Amer
ican Federation of Labor, by corre-
spondence, and the Teamsters'
Union by picketing and by person.
al violence"
Jurisdiction Never Yielded.
The court held that the truck
drivers, had they desired, could have
constituted the A. F. of L. "the
arbiter of their destiny"
But they did not do this, he add
ed, holding that at no time since
it af1lffiiated with the A. F. of L.
in 1887 had the brewery workers
organization yielded jurisdiction
over the beer truck drivers I'm any
manner or to any extent"
For the court to withhold sub
oUdl1Uldl1y U1lC ICAC4 dOhCu 4Ol Wy
the plaintiff would amount to judi
cial recognition of authority ac-
quired by usurpation, Justice Colds
borough said. Whatever may be the
factual situation at any time or
place, where usurped authority
comes in contact with the juris-
prudence of a democracy, it then
ard there instantly ceases to exist.
May the court make the added
observation that both reason and
history are conclusive that there is
no such thing as a benevolent des-
pot"
Verdict Is Hailed.
Martin F. ODonoghue, one of the
attorneys representing the brewers,
characterized the decision as mo
mentous" and stated it "curtails the
assumed power of the American
Federation of Labor to control its
100000 members and to move them
around as it sees f1t."
Teamsters' union officials in Gin
cinnati said today they expected the
convention to act next week on an
executive council recommendation
that the brewery workers union be
suspended for instituting the suit.
Daniel j. Tobin, president of the
teamsters' organization, said that
the ruling "ties the hands" of the
A. F. of L. and limits powers it has
exercised for more than so years.
Such rule if allowed to stand"
Mr. Tobin commented, would de-
stroy not only the powers of the
American Federation of Labor but
those of any other voluntary associa-