The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-11-23

bargaining contract Ille HluuSIildi
lnion may nevertheless, by taking
away the membership of the craft
lnion, merge the craft unit with the
Industrial unit. If the industrial union
fails in it's first attempts it may never
,heless continue it's efforts. But once
5he industrial union has obtained an
exclusive contract on a plant-wide
basis, either by organizing before
the advent of the craft union or by
the craft unions majority
in later election, thereafter the craft
employees are irrevocably part of the
industrial unit. The effect is, there
fore, to crystallize the industrial form
Of organization and prevent the craft
from ever thereafter chang
ing their minds
"Now, then contemplate that-crys-
5allizing the industrial form of or
ganization so as to prevent the craft
employees from ever thereafter chang
ing their minds. In rendering this
decision | do not charge DR.. Leiser-
son with bias against the A. f. Of l..
In another decision on similar facts,
out the parties were reversed he ap-
oled the same rule and decided for
;he A. +. of l.. But in both instances
he ruling on his premise is erron
eous and damaging to the A. f. of l..
structure.
Leiserson Disagrees With Majority
Ruling Against A. +. l.. Union
"Let me cite to you another case
lecided only last week-the Pitts
)urgh Plate Glass Company case.
Here Mr. Madden and Edwin Smith
wrote the majority opinion and DR..
Leiserson dissented.
"Six plants in different cities were
operated by the Pittsburgh Plate
Glass Company. One of the plants is
located in Crystal City, Mo-, and the
employees there were overwhelmingly
opposed to the C. |. o. The c. l. O..
had entered into contract for five
Of the plants, but the Crystal City
plant was excluded from this contract.
"The Board, on petition Of the c. l..
D. and in violation Of the existing
contract arrived at through the proc
ass Of collective bargaining, threw
he sixth plant in with the other
plants, and gave the exclusive bar
gaining rights to the C. I. o.
"Here Dr. Leiserson dissents in
most vigorous terms. His language
amounts to charge of arbitrariness,
unfairnesS, the fixing of a unit by
The majority of the Board to suit
their fancy, and contrary to law. Let
me read to you excerpts from the dis
senting opinion:
"'The decision not only disregards
the collective bargaining history
but it also sets aside the current con-
tract . which excludes the Crystal
City plant. =.
"'This (merger Of the plant in the
industrial unit without an employe
vote) does not seem to me essentially
different from the denial of free choice
of representatives in cases where EN-
ployers impose labor organizations on
the employees. -.
"I do not think the Board is vested
with authority by the act to extend
to employees in unorganized plants the
representative chosen by organized
workers in other plants. Even il
| the employer misbehaved that does
noS justify the board in taking away
from his employees the right guar
anteed by the act to have a repre-
sentative of their own choosing. i.
"'What the Federation &C. |. O
union) could not itself secure by col
lective bargaining when the CONTRACT
was negotiated is given to it by the
Board in finding as to the appropri
ate bargaining unit. The majority
decision argues that the Board has the
authority to determine bargaining
units.
"T do not believe that the act au
thorizes the Board to establish an!
bargaining units that suit the fame!
of it's members
Members Charge One Another Will
Being Unfair
"Thus the members themselves
charge one another in the manner
have indicated from these decisions
The American Federation Of Labor il
seeking its amendment to prevent this
Board from setting up units to sui
their fancy as they have so often done
to the detriment of the American
Federation Of Labor.
81 wish you could read all the ma
tcrial, the half truths, semi-truths ant
semi-falsehoods eXpounded by th'
Board and It's personnel in condem
nation Of the amendment proposed b.
the American Federation. The oppo
sition is presented in a smooth man
ner, in legalistic verbiage and falls
sophistry, but nevertheless false an'
untrue. You would imagine, then
that the Executive Council and tn
officers Of the American Federation
Of Labor, including myself as it
counsel, got together and devised al
amendment that was unfair; that is
that it was one-sided in favor of tn
American Federation Of Labor an,
opposed to the interests Of ever
other organization. That is the infer
cncc to be drawn from the vicious at
tacks upon this amendment by the op