Evening star., 1939-05-08
n. L.R. B. Answers
Amendment Plans;
Suggests 4Changes
Study Of Giving Employer
Right to Ask Election
Is Proposed.

Right to Ask Election
Is Proposed.
., the Associated Press.
The National Labor Relations
Board, denying charges of partisan
ship toward any union or prejudice
against any employer, took excep-
ton today to all proposed amend
ments to the Wagner Act, but
nevertheless suggested further con-
sideration be given four fundamen-
tai changes.
In a 40,O0O-word report to the
House Labor Committee the board
opposed suggestions of the Ameri-
can Federation of Labor and half
dozen congressman for basic revi-
sions in the law. These proposals
ranged from abolition of the three
man board to outlaWing of strikes.
The four propositions which the
board said merited further consid-
Grafton in the light of facts which
may be produced" were:
/. The question of giving en-
ployers the right to petition for
an election to determine their
employees bargaining agent.
2. Congressional definition of
board procedure for determining
which bargaining unit is best
qualified to represent employees.
3. Curtailment of the boards
power to invalidate contracts be-
tween an employer and union.
a. A requirement that hearings
on board complaints start 10 or
Is days. instead of five, after the
complaint is filed.
Statistics Support Board Case.
Analyzing several House bills call
ing for revision of the Wagner Act
or changes in administrative pro-
cedure, the Labor Board cited sta
tistics and court decisions to deny
prejudice against the A. F. of L. or
employers as class.
The board estimated that AZ per
cent of cases adjusted without
formal hearings were settled in IA
vor of the employer and that the
Supreme Court had upheld the board
in 778 per cent of its cases, as con-
trasted with 64 per cent average
Tor Federal administrative agencies
Does this unusually successful
court record indicate undue bias
hgainst employers?' the board asked
Denying also that it had favored
the C.. I. o. over the A. F. of L.,
the board insisted that cases from
both unions have been handled
identically.
The report was somewhat similar
to one filed recently with the Senate
Labor Committee. 1t was partlcu-
larly critical of suggestions by Rep
resentative Anderson, Democrat. of
Missouri, and others that employers
be granted more leeWay in express
ing an opinion regarding unioniza-
ton of workers.
Effect of Changes Pointed Out.
Passage of Mr.. Anderson's bill, the
board said. would make the Wagner
Act an ''innocuous instrument"
In opposition to proposals for in
creasing the size of the Labor Board,
the report quoted letter from
Chief Justice Hughes in 1887 saying
that an increase in the number
bf Supreme Court justices would not
promote the courts efficiency.
The grant OF unlimited rights to
employees to petition for collective
bargaining elections. the report con-
tinued, would seriously prejudice
the guarantee of employees self or
ganiZation.
"By initiating a proceeding when
q labor organization had just started
an organizational campaign in his
plan" it explained, IAN employer
could force a vote at a time when
the labor organization was sure to
lose an election"
The board took issue with the
contention of Representative Hoff-
man. Republican, of Michigan that
the Wagner Act should be amended
to "equalize" rights of employers
and employees.
"It is true that the act imposes
obligations only upon employers,
rather than employees" the report
said. but to attribute -sidedness
to the act for that reason is patiently
superficial and unrealistic. No
sound basis exists for the argument
that the act must be 'equalized.'
Padway Testifies.
Resuming his testimony before
the Senate Labor Committee, JOS
eph A. Padway, counsel for the
American Federation of Labor, as
serted that Edwin S. Smith, Labor
Board member, was committed to
a policy of destruction of A. F. l..
unions"
Mr.. Padway rejected an indirect
suggestion by Chairman Thomas,
Democrat, of Utah of the Senate
committee that restoration of unity
in the labor movement might make
amendments of the Labor Act less
desirable from the viewpoint of the
A. F. l..
"These amendments should be
adopted regardless of the division of
labor Mr.. Padway asserted, refer
ring to changes put forward by the
A. F. l..
chriefian Hol,rirh oade