Evening star., 1939-01-21

in connection
with published rumors to the effect
that President Green of the A. F.
of L. had somehow confused Edwin
S. Smith. also a member of the
Labor Board with Donald Wake
field Smith. Mr.. Green wrote his
: comment to a newspaper publisher
in Philadelphia:
This story is untrue, ridiculous
and fantastic in every particular.
I cannot help feeling that it was
deliberately written to- behttle and
ridicule me and the other officers
of the American Federation of
Labor.
The Executive Council of the
American Federation of Labor sent
a telegram to the President urging
him not to reappoint Donald Wake
field Smith. Nevertheless. he was
reappointed. Then the American
Federation of Labor at its conven-
ton in Houston unanimously
adopted a resolution opposing his
continuation. When and if his
nomination is sent to the Senate,
the American Federation of Labor
will appear in opposition to his
confirmation.
Opposed for His Record.
THE American Federation Of
Labor opposed the appointment of
Donald Wakefield Smith because OF
his record as a member of the
National Labor Relations Board.
We have not confused either his
name or record with that of Edwin
Smith, another member of the Ma
tional Labor Relations Board"
In these dispatches reference was
made to the circulation of reports
that there had been confusion be-
tween the two Smiths on the board,
so it is important to record Mr..
Green's clear-cut denial that such
has been the case. Indeed, from
A. F. of L. quarters it is learned
that If any of the other members
of the board were up for conflrma-
ton or reappointment at this time,
there would be opposition to them,
TOO.
The A. F. of L. is plainly diSap-
pointed that the Labor Board men,
bers have construed the law to per-
nit them, allegedly, to interfere in
the formation of craft unions as
distinguished from industrial unions.
The fact that this power could be
derived from the Wagner Act was
pointed out by this correspondent
before the law was passed. Since
Congress allowed such a broadly
phrased authority to be vested in
board, it is natural that discretion
ary power is being exercised accord
ing to the individual judgments OF
the members of the board. To the
extent that this operates to the dis
advantage of the A. F. of L., nat
ural basis for a grievance is pre-
sented, but the fault is with the way
the law was written in the first
place.
Assurances Meaningless.
The A. F. of L. relied on assur-
ances during the Senate debate that
the law would not be construed in
the way it since has been in
terpreted, but it is an old experience
in legislation not to rely on in
, formal debate, especially since the
personnel of boards changes as does
the personnel of the Congress.
The principal issue is whether
Donald Wakefield Smith is qualified
to continue a. a member of the
board. and the A. F. of L. insists he
is not personally qualified because
he has not had the right kind of
experience in the labor field. If
the President should send the
nomination to the Senate, the A. F.
of L. plans to attack the appoint
ment on the ground that Mr.. Smith
does not possess the necessary
qualifications"
The President has not given any
intimation as to when he will send
to the Senate the nomination of
MIR. Smith, who now holds a recess
appointment, and it is insisted in
quarters that are not sympathetic
with the denomination that Mr.
Roosevelt is seeking to find some
other place in the Government for
him.
In quarters friendly to Mr.. Smith
H. is being stated that the President
plans to let him continue as mem
ber of the board indefinitely until
the whole problem of amendments
to the Wagner Act has been dealt
with by the present Congress.
Some Revisions Expected.
Meanwhile, it appears certain that
a revision of the Wagner Act along
lines asked for by the A. F. OF l.. at
it's Houston convention is likely to
be granted by Congress, though
some members of the administra-
tion believe much of the opposition
TO the act can be removed by a
change in the rules and regulations
on the part of the Labor Board it.
self. The danger of such a step is
that if it is a mere matter of regu-
1ations or rules, the pressure car
change from time to time and the
board is then in position o1
handling quasi judicial tasks yer,
much as political bodies handle
legislation. Wherever the law ha!
been found unsatisfactory, the Con
eress might we'll make amendments
stating specifically what are th'
powers of the board and not leaving
it to pressure from the A. F. of L
or the c. I. o. or the employers tt
seek to cause change in the regu.
lations of law so broadly phraset
as to permit a wide range O.