Evening star., 1939-12-19

left in a condition Of chaotic con-
fusion and strife.
Besieged With Complaints.
We have been besieged with
complaints as to the practical opera
ton of this provision by both labor
organizations and industry, each
claiming that it is against the
interests of the employer, of the
employe and of the public, and that
it promotes and increases labor
troubles rather than diminishes
them.
Take another instance The law
prohibits the employer from inter-
fering with the formation and the
conduct of union of its employees
The principle is sound and whole
some and was intended by Congress
to stop the then-prevailing practice
of some employers of forming COM
pany unions dominated and con-
trolled by the employer itself, a
practice that was used to destroy
the rights of collective bargaining.
The objective sought to be obtained
was meritorious, but we have been
urged from many sources to investi-
gate the practical results that have
flowed from the application of the
law as written.
For example: 1t is charged that,
under the language of the National
Labor Relations Act, the employer
has been denied the right even to
talk to his employees concerning
their union aff1liations. The en-
ployer is even prohibited from an
swering any question on the sub
ject which his employees may ask.
However, total stranger to both
the employer and employees may
come into plant, say whatever he
pleases. whether true or false, make
any statement as to the conduct Of
the affairs of the company. or rs
to the personal character of the en-
ployer no matter how scandabtlS,
how false, or unfair the statements
may be. The employer may kavs
positive proof that this agitator q
known Communist, that he is ~
known criminal with past crin11-
nal record and yet the employer is
prohibited, under the present con-
struction of the law, from giving his
employees the benefit of this impor-
tant information.
Promotes Disputes.
A total stranger, unknown to both
employer and employe, if he claims
to be union organizer and operates
under the cloak of protection af-
forded by the National Relations
Act, is free to spread any false or
scandalous report amongst the en-
ployes and the employer is prohib-
tied by law from telling the truth
1t has been repeatedly charged that
this condition promotes and encour-
ages labor disputes rather than
diminishes them.
Let us take another example. Since
the enactment of the National Labor
Relations Act many of the States
have followed suit by enacting
similar statutes. Consequently, we
have a conflict between the admin
istration Of the State and Federal
acts. To illustrate: In a recent
case in Wisconsin, where there is q
State act and State board, both
the national board and the State
board have taken jurisdiction and
attempted to solve the dispute
which RACES between two rival labor
unions The National Board first
held an election in which one of the
unions won. Subsequently, the
State board held an election in the
same plant in which the rival union
won. The consequence will be that
both employer and employe will find
themselves in danger of being ord
cred by the National Labor Rela-
tions Board to deal solely and ex-
clusively with one union and at the
same time they may be faced with
an order from the Wisconsin State
Labor Board to deal solely and ex-
clusively with the rival union, and
whichever law the employer obeys,
he is in danger of prosecution for
not obeying the other.
Another Example.
Let us take another example
Section 10 tc) of the National Labor
Relations Act provides that, where
the employer has been found guilty
of unfair labor practices toward en-
ployes, the board may order the
employer to reinstate the: employe
with back pay for the time that he
was out of employment due to such
labor disputes.
In recent labor board case, two
men applied to plant for employ
ment. In the discussion relative to
their proposed employment, some
conversation was held relative to
their union Affiliations and activi-
ties in the past The men were not
employed, and later proceedings
were had before the National Labor
Relations Board charging the COM
pany with discriminating against
these men, who had never been In