Evening star., 1939-05-30


of when elections shall be held will
remain unsettled, because the pres
sure from labor groups will be eX-
erted constantly upon the board to
postpone an election if the union
organizers have not the assurance
of the requisite majority.
The simple expedient of fixed
day for all elections, or at least fix
Ing four days year, one at the be-
ginning of each quarter, removes all
possibility of manipulation by either
employees or employers and makes
the whole question matter CT DEM
ocratic procedure. In the customary
elections for public Office, the peo-
pie would resent it if told that elec-
tions had to be postponed because
one of the major parties was not
ready and wanted to prolong the
campaign. Yet the Wagner Act
process is constantly being compared
to political democracy, and the idea
Of collective bargaining by choosing
agents for the majority is being her
aided as the essence of economic
democracy.
BY fixing definite day when both
sides must be ready, or by stating
that elections can be held only at
the beginning of each quarter, the
rival groups in the labor world will
have notice served on them that they
must be ready on given day. 1t
Is difficult to understand why the
time for the holding of the elections
Is matter of such moment to labor
unions if employers are really obey
Ing the law about non-interference
1t only can be of moment if two
rival organizations are struggling for
mastery, and in such a case the en-
ployer needs protection so as not to
be victimized by the organizing ef-
forts of either union.
dangerous Principle
The principle of letting the labor
board do the legislating by changing
its rules is a dangerous one if con-
ceded by Congress. It means that
board can change its rules over
night and there can be no stability
The things which have caused wide
spread discomfort in the labor world
are not matters on which the labor
board itself rules, but points which
grow out of the broad discretionary
power vested by Congress in three
man board.
The theory that Congress should
not delegate power without pre-
scribing the standards of conduct
was one that unanimous Supreme
Court laid down in the famous N.
r. A. case. If, in the instance of
employe elections. Congress were to
prescribe certain standards of con-
duct for collective bargaining elec-
tlons and left it to the labor board
to see that its instructions were car
rled out, this Would be proper
exercise of legislative power.
But the whole trend here has been
for Congress to abandon its legisla-
tive function and surrender to the
control of three-man or five-man
board or commission the custody of
the civil liberties of the citizens. In
Germany and Italy the same thing
happens, but the only difference is
that no parliament exists there
which dares revoke the power once
granted to the administrative bodies.
In America Congress is still respons-
ible and could, if it chose, remove
from bureaucratic control any dis
cretionary power over the freedom
OF contract or the freedom of inter-
course between employers and en-
ployes.
Defects Not Understood"
If the mere promise OF change
Of rules by the labor board is all that
Is needed to placate the opposition,
then the nature of the defects in
the Wagner law has not really been
fully understood either by Congress
or the groups outside of Washing
ton. 1t would be surprising indeed
II a few minor changes in the rule
will satisfy those who feel that the