Evening star., 1939-07-23
Demand for Policy on Strikes
Against Government 1mpends
Roosevelt Warning to w. P. A. Raises Question;
CLOSED Shop Issue Avoided in
Settling Barge Line Dispute
By Rayn ond P. Brandt.

President Roosevelt's recent warning
to w. P. A. workers that you cannot
strike against the Government" raises a
question certain to demand definition as
the Government continues to expand its
activities to include more and more busi-
ness enterprises.
There have been strikes against the
Federal Government without enforce
ment of the Roosevelt dictum Several
months ago $500 employees of the Inland
Waterways Corp, the Government
owned agency for operation OF Federal
barges on the Mississippi and Warrior
Rivers, left their work in an attempt to
force the management to grant CLOSED
shop" The strike ended in a compro-
mise, which included the preferential
hiring" of union members.
More recently the United States Mari
time Commission was confronted with q
strike on the West Coast and pickets
paraded around the Commerce Depart
ment Building here, where the commits
sion has its offices. The issue was wheth-
er the commission, as a governmental
agency. could be forced to hire cooks for
the steamship Coldbrook, operated by
the commission, through union hiring
halls, as sea workers are now hired in
that region by private employers.
The commissions ships in Seattle were
picketed for 80 days. The outcome was
failure for both sides and the issue of
the right to strike against the Govern
ment" was not settled. The commission
rather than risk further labor trouble,
stopped the operation Of its line between
Puget Sound and the Orient, and the
strikers and other workers were deprived
of jobs.
Nice Legal Distinction.
In making his statement that the
W. P. A. workers could not strike against
the Government, the President followed
statement made the day before by
Attorney General Murphy In elabor-
ating their views, each recognized the
difference between the fundamental"
functions of the Government and the
more incidental or experimental activi-
ties such as Government operation of
the barge lines and the Tennessee Valley
Authority. Each frankly admitted that
ne did not know how the general prin-
clple could or should be applied to public
business enterprises. There was no
doubt in ofncial and private quarters
that there could be no strikes of en-
ployes engaged in essential governmental
fuctions, such as the conduct of the
Department of Justice, the War and
navy Departments or in the postal
service. Yet there is a nice legal dis
tinction, If any, between the operations
OF the Maritime Commission, which
transports foreign commerce, and those
OF the Post Once Department, which
has charge of the collection, transpor-
tation and the distribution of mail.
Maj. Gen. T. Q. Ashburn, chairman
OF the Board of the Inland WATERWAYS
Corp. said that he was unable to obtain
an official legal opinion on how to deal
with the barge line strikers and was
content to regard the Waterways Corp
as an unusual governmental agency, set
up with the avowed purpose of demon
stratlng that 1t could operate under the
disadvantages and advantages of a pri-
Vate corporation. The corporation was
created by Congress so it could SUE and
be sued, make contracts. hold and dispose
OF property, fix the compensation of its
ofncers, borrow money, issue its own
securities and perform other functions
necessary to carry out its work as COM
mon carrier.
Question Avoided.
Many businessmen watched the nepo-
tlatlons between the union leaders and
the barge line management during the
strike for an indication of an official
New Deal position regarding the closed
shop The compromise settlement
avoided this question. The corporation
recognized the unions as the bargaining
agencies. but reserved the right to call
elections on its own motion to determine
which union had majority of the en-
ployes. Until recently the National
Labor Relations Board denied this priv
llege to private employers. Although
the corporation agreed to hire its men
from list submitted by the unions, it
also reserved the right to say whether
or not the names of certain individuals
would be allowed on the lists. The cor
poration further insisted successfully
that present employees not members of
any union should be allowed to retain
their jobs and not be subject to coercion
to join union.
One union involved in the barge line
strikes belonged to the c. I. o. and sew
eral others were affiliated with the
A. F. Of L.
Gen. Ashburn declares that the set
tlement of the strike against the corpo-
ration established no precedents regard
ing the Maritime Commission or the
T. v. A.
Congress" he said, "does not appro-
pirate funds for the corporation. We are
conducted like private business. The
Maritime Commission and the T. v. A.
get their funds from Congress and are
more directly subject to congressional
control"
Some New Dealers are not so positive
strated his fitness so completely that all
malicious rumors were scotched. This
o,,act}o,, ~ h;c Atpace r,ilI Ia i,,ct a i. ir