The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-10-19
Senator Robert
Continued From Page One)

sibility and violence. Yet the slightest
expression of opinion has been used
as an excuse for invalidating elections,
and even invalidating contracts with
the older union.
Labor Boards Policy Is Discriminatory
"The Chairman of the Board him
self told us that if an employer stated
to his employees that the organizers
Of the c. |. 0. union were Commun-
lists, even though there were Com
munists, it would amount to viola
ton Of the act, which would invali-
date an election if those employees
then voted for a more American labor
union. Such policy not only dis
eliminates against the older unions,
but violates the employers freedom
of speech. How any employers opin-
ion can result in coercion Of work
man voting at a secret ballot cleo
ton, it is hard to see.
A. F. of l.. Contracts Abrogated
"The amendment which you suggest
is entirely practical, because it is al
ways easy to distinguish between a
company union and a real union. A
Board which cannot tell the difference
between an A. F. of l.. union and a
company union ought to be dismissed
while men with real labor experience
are appointed in their place. The
Board has repeatedly abrogated con-
tracts with A. F. of l.. unions, con-
tracts made in good faith and entitled
to respect.
"The ignorance of the Board in
these cases reminds me of the story
of a Catholic priest who one morn
ing delivered a sermon on the sub
ject of matrimony. Two old Irish
women, Mrs. O'Rourke and Mrs.
Flanagan, had listened to the SER
mon. When they came out of the
church Mrs. O'Rourke said to Mrs.
Flanagan, Wasn't that lovely SER
mon on matrimony?' YES said Mrs.
Flanagan, it was fine sermon, and
wish to God l knew as little about
it as he does
perhaps it is not entirely ignorance
which prevents the Board from dis
tinguishing between company union
and an American Federation of Labor
union.
Craft Union Rights Must Be
Safeguarded
"The right of craft unions to exist,
the right of members Of the craft to
decide whether they wish to join a
craft union or be merged in gen.
eral plant union, should be safe
guarded by the act. The Board has
repeatedly destroyed craft unions,
and shown its desire to assist the
philosophy which demands their de-
sruction. These unions are the oldest
in the country. They recognize the
special treatment to which skilled en-
ployes are entitled. Their existence
is entirely consistent with the union
ization of other employees in other
unions. They should be protected.
Definite Regulation of Elections
Urged
"The questions of elections should
be definitely regulated by law. The
Board has used its power to call
elections at times thought favorable
to one union as against another. 1t
has arbitrarily refused to hold cleo
tions. 1t has refused to entertain en-
ployer petitions. In my opinion, the
Board should be compelled to order an
election on the petition of labor
union or an employer, provided that
an election has not been too recently
held there, that there is a reasonable
basis to support that the men desire
change in the conditions which ex-
list, and that the petition is brought in
good faith. While l think the Board
should act promptly to fix the date of
an election, | would give it consider
able power to postpone the actual date
for considerable period, so that all
parties would have ample opportunity
to present their case to the voters.
"The Act should also prescribe the
form of ballot, and require that all
unions, other than company unions, be
entitled as of right to place on such
ballot.
"The law should be amended so as
to limit the Boards discretion in the
matter of evidence and subpoenas,
which has been SO arbitrarily exer-
cised. Anyone should be entitled to
subpoenas unless obviously sought in
bad faith. There should be no secret
files containing evidence to which the
parties are refused access.
Separation of Judicial and Prosecuting
Functions Advocated
'In my opinion, there should be a
separation Of the judicial and prose-
cutting functions of the Board. This
has not been recommended by your
committee, but it seems to me obvious
that man cannot be prosecutor and
Judge in the same case and be fair.
However, | do not favor Senator
Burke's amendment providing that
the judicial end Of the job be handled
by the District Courts. | would rather
incline to a judicial section in the De-
partment of Labor, similar to the
Board of Tax Appeals in the Depart
ment of the Treasury, which has work
ed we'll. | see no objection to having
the same department appoint the ju-
dicial board and the prosecuting d.
vision, but neither one should be ap-