Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-04-12

Labor Relations
Act. David Lawrence
Broadly speaking, there are three
groups which want changes in the
Wagner Act.
One is composed of the eXtrem-
lists who would like to see the whole
act repealed, but who know this is
impossible at the present time and
hence would like to see Gripping
amendments adopted.
A second group realizes repeal is
at present out of the question, but
wants amendments which will make
the provisions of the act less one
sided
A third group knows there are
weaknesses in the law, but Is OPP
posed to any change whatsoever,
believing that in this strategy lies
the best defense for the adnlnlstra-
ton.
In some respects this last group
holds the fate of collective bargain
ing in its hands. For if an uncom-
promising position toward amend
ments should prevail, the effect on
public opinion inevitably will be to
accelerate the drive for complete
repeal and the setting up OF an en-
tirely new system of labor relations.
Trend of Hostility.
This possibility is secuted as I'M
probable by the defenders OF the
law. but the trend of hostility in
Congress toward the Wagner Act
since the last elections rather re-
flutes the notion that fundamental
alteration of the present SITUATION
in industrial relations can be long
postponed.
The problem, therefore, which
friends and foes of the Wagner Act
face is whether the present law can
be amended to take care Of the prln-
cipal complaints lodged against 1t
and vet retain for the statute the
virile features which have made 1T
for labor unions the greatest boon
in all history.
With the collective bargaining pro-
visions as written there can be little
objections, and it is being more and
more recognized every day that
interference by employers with the
efforts of workers to form their own
unions is taboo. But it never was
intended that collective bargaining
should be superseded by a system OF
compulsory unionizatlon with Gov
eminent influence behind 1t.
Merely Interpreting Law.
Much of the criticism of the Ma
tional Labor Relations Board has
been unfair because the board has
been merely interpreting the law
which gives it wide discretionary
power. Yet the solution does not lie
in asking the board to reverse us
decisions or to make a new set OF
rules. The Congress shirked its task
In the beginning when it delegated
to the Labor Board wider powers
over industrial relations than most
people in the labor world thought
were being bestowed. The American
Federation of Labor, for instance,
today regrets that it approved Ger
tain ambiguous provisions IN the
law which have been used by the
Labor Board, through legal means OF
course. to break down certain A. F..
of T., unions. The board did not
adopt any course, friendly or I'M
friendly, to particular national LABOR
organizations, but, under the law,
was often compelled to decide be-
tween them on the question of what
constitutes an appropriate unit 1or
collective bargaining.
Little progress will be made toward
getting desirable changes II the SUB
ject is approached on a theoretlcal
basis, Fears and suspicious have
been a controlling factor In writing
the law. and now that the act mas
been in operation nearly four years,
It is evident that the law sometimes
has been used in actually to upset
otherwise mutually satisfactory lapor
relations, and it has been used also
to forward the ambitions OF rival
labor organizing groups, with the
employer helpless as between lac
tional disputes.
Company Unions Forbidden.
"Company" unions, meaning thefe-
bv organizations dominated or
financed by the employer, have been
forbidden by the Wagner Law, and
no amendments on that score Will
be tolerated by Congress, but this IS
a different thing from placing indie
pendent units at the mercy OF
national organizations, as COM
planned of by Senator Ellenoer OF
Louisiana, Democrat.
4 The Wagner Act is law TO regu-
late employer conduct and las such
alone NAV need very little. ii any,
amendment, but the assumption that
labor relations consist only OF one
set of persons is unhapplly IN
creasing the amount OF labor war
fare in America.
REGULATION of employe conduct,
however. need not go to the point
of setting up ways and means Oh AZ.
terfering with lawful activities OF
unions. It can provide for better
relations between employees ana en-
nloyers. because, under the present
law, employers are afraid even 70
talk with their own employees Tor rear
Of trumped-up charges OF "unIalr
labor practice" which unhappy tne
Labor Board has in the past taken
seriously in enough cases as to cause
:. a wall of frigidity to grow up between
management and workers. IL Is
this aspect of the law-the human
phase-which needs most attention
and if the whole subject is ap-
preached in a spirit of mutual toll
erance instead of closing of minds
before the hearing gets under way
some changes may be made which in
the long run will preserve for labor
the greatest gain it has made in all
the wears of battling for the right of