Evening star., 1939-04-19
Wagner Act Changes

AllnOuSn some OF the wagner ACG
amendments proposed by Senator
Burke and ably advocated by him be-
fore the Senate Committee on Educa-
tion and Labor appear to be unneces-
Sary, if not unWise, the substance of
his proposals, if enacted into law,
would hold forth far more promise of
equitable industrial peace than has
been realized under the existing
statute as administered by the pres
ent Labor Board.
At least two of his proposals.
those banning the closed shop and
authorizing the transfer of cases
from the Labor Board to the District
Courts-do not appear to merit ap-
proval. The matter of the closed
shop is one which should be left to
negotiation between an employer
and his employees, for undoubtedly
there are some cases in which both
parties desire it. Presumably the
proposal to permit transfer of cases
Is based on the belief that a fair
hearing cannot be had before the
Labor Board. If that is the case, the
remedy lies in changing the member
ship of the board not in adopting an
amendment which might result in
seriously overburdening the already
congested District Courts.
But aside from these criticisms
there is undoubtedly real merit in the
substance of Senator Burke's other
proposals. The Nebraska Senator
begins with restatement of the pre-
amble of the act which would elini-
nate the assumption that all labor
disturbances are attributable to mis-
conduct on the part of employers.
Then, while retaining with one modi-
fication the unfair labor practices in
which employers cannot engage, he
proposes list of acts which would
be treated as unfair labor practices
on the part of employees or union
leaders. These would include de-
NAL of the right to strike in violation
OF contract, denial of the right to
call strike except after an affrma-
tive vote by secret ballot of major
ity of the employees in the appropriate
unit, provision that interunion or
intraunion disputes must be carried
on in such way as not to interfere
with the conduct of the employers
I,ik k,j ~
the violation by employees of the law
OF the Jurisdiction in which a la
Dor dispute might occur. Another
amendment would give employers the
right to petition the board for an
election.
Taking these amendments at their
face value and assuming fair admin
tstration of the law If so amended, it
does not appear that the funda-
mental right of employees to organize
and bargain collectively through
representatives of their own choos-
Ing would be prejudiced.
The assumption of fair admins
tration" raises the question whether
the change in personnel of the Labor
Board sought by Senator Burke and
others is desirable. 1t has been con-
tended that the board members can
not, as required by the present law,
serve as prosecutor, judge and
jury" and still be fair to employers.
In that connection the following
comment by Board Chairman Mad
den on the Burke amendments is
Illuminating:
"Most of (Senator Burkes pro-
posaD is class legislation of the most
intolerable kind 1t would make of
working people and their unions
caste of legal pariahs and untouch-
ables, outlawed by the Federal Gov
ernment upon the slightest deviation
from the requirements of the most
reactionary or absurd village ordi-
nance, or the terms of an injunction
granted by any labor-hating Judge,
local, State or Federal"
Such a statement, implying a pro-
found contempt for any law other
than hic nWY ic +a fro,,o