The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-05-18

e I fs S 5S5 E F5 5s5 sSEK5s
s0 an tms ANN SUSPICION NOT EVIDENCE
on two Qrom American FederationisD
% tee N the January issue of this magazine we
49, o. mented on the decision of the Circuit Court over
ne wa ung the order of the National Labor Relations
poym,oard severely c1tcizng the Board for it's failure
by SEQ maintain judicial attitude. The Circuit Court
field Appeals for the Fifth Circuit has overruled
sentnhe Board in the Waterman Steamship case. The
deslr;Ourt said:
"'Sn Se The National Labor Relations Board has wide
Ties discretion in administering the National Labor Re-
the ations Act but in doing it must deal fairly with
distit parties 1t has the duty to decide the be-
suppore it all the evidence and should not arbtra
tion lily cast away all the undisputed evidence that is
brannconsistent with it's findings. If it's findings are
bym,;upported by substantial evidence they should
tand. The test of substantial evidence, however,
ens not satisfied by evidence which merely creates
TO q suspicion.
whe These two cases illustrate how the Board has
preontributed to the dismembeIment of the Seamens
stiJnon built up by that leader of world wide repu-
pl,olation Andrew Furuseth, and provided oppor-
runlty for the organization OF q dual union.
we The Waterman decision relates simple union
dustuation without any compicatng element such
the Slt-dOWn strike involved in the first decision
anIhe Waterman Steamship Corporation had an
saagreement with the international Seamen's Union
lnof America. Two of it's boats-the Fairland and
~- yfhe Benvle-Were returning to Mobile. When
esthe boats arrived in Tampa they were boarded by
IAN organizer of the National Maritime Union who
ut)C
1.-THE boats proceeded from Tampa to Mobile where
the trip ended. The discharged, paid
sand signed off in the regular way. The BienVile
bwas laid up for repairs from July to August l.
eThe Fairland went into dry dock. When the ships
Were ready for service, the Corporation in accord
eWith it's agreement with the Seamen's Union, en-
ployed members of that organization. Those mem
bers of the old crews who had joined the National
Maritime Union were not reempOycd because the
company observed its contractural relations.
complaint of unfair labor practices was filed
and the National Labor Relations Board held hear
ings The company directed to break its con-
tract offer reinstatement with back pay and re-
asOnable value OF maintenance for the time dur
ing which they were laid off to the men the com
pany had not rehred. The Board assumed that
the conclusion of the voyage and the signing off
sof shipping articles did not terminate employment.
n In deciding this case Federal Circuit Judge Nc
Cord said
Careful reading of the evidence discloses that
the Waterman Steamship Corporation has been
Sdealing fairly with the labor unions. Where d ma
jority of its employees in particular class were
members OF union it contracted to employ men
who belonged to that union regardless of the
unions afhliation. 1t has not organized a company
union, sponsored any certain union, or discharged
4 it's employees for union activity or aliliation. 1t
entered into contract and gave preference of en-
6ployment to members Of the international Sea-
mems Union Of America for the reason that its
members in the majority. We have hereto
fore held such employment contracts to be valid.
EPeninsular & Occidental S. S. Co. vs. National La
Dor Relations Board, 9St (2) ali.
The evidence is virtually without dispute that
repairs on the S. S. Bienvile and S. S. Falkland
had been planned by the company long before the
crews changed their membership from one union
to another. When the ships were laid up for re-
pairs it only for reasons of economy, we think,
that the crews discharged. There was no
effort on the part Of the company to make war
on the unions The evidence docs not even point
in that direction. Some Of the members of the
crew employed in the shops while the ships
laid up The Waterman Corporations en-
gineers members of the Marine Engineers
Beneficial Association, affiliate Of the Commit
tee for Industrial Organization and they were
embeTs and so belonged before these vessels went
sea No effort made to discharge them, and
e may conclude that all Of them, except OConnor
IF the S. S. Azalca City, yet working for the
company. The finding Of the Board that the ships
we're laid up an excuse to get rid Of the men
S based on suspicion and not on the evidence.
When the time came to employ crews for the
Bienve and Falkland, after they had been repair
ed, the company bound under It's contract to
select it's unlicensed employees from the member