Evening star., 1939-04-09
The Coming Labor Board Fight
Begin Hearings Proposed Amendments
RrN

initiate controversy that will stir the
present lethargic session of Congress as
nothing has so far done
For months the fight has been brew
ing with friends and enemies of the
board sparring cautiously for position
Only President RoOsevelt's seemingly
futile efforts to make peace between the
c. I. o. and the A. F. of L. has delayed
an outbreak. The peace move may have
been part of deliberate strategy to post
pone the fight on the board that is now
certain to come in the Senate.
1t might have come earlier If the
President had sent to the Senate the
name of Donald Wakefield Smith for re-
appointment to the board. The President
gave Smith recess appointment when
his term expired last summer. This was
done in the face of strong opposition
from the A. F. of L. and from business
sources.
New Appointee in Prospect.
The opposition has been intensified
and Smiths name has never been sent
up for confirmation although Congress
has been in session more than three
months Now, it is reported on good au~
thority, the President has decided not
to risk the possibility of defeat. Smith
will be allowed to serve on the board un-
til the present session of Congress ex-
pires-legal precedent for this has been
found. And then he will step aside for
another appointee, one who presumably
can be confirmed by the Senate that
meets in January of 1910. The name of
Msgr. Francis j. Haas has been men
toned as possible candidate.
-Four separate proposals to alter the
nature of the Labor Board will be con-
sidered by the Senate committee under
the craftsmanship of Senator Ebert
Thomas of Utah in the course of hear
ings that are expected to last for several
weeks. So many persons have asked to
be heard that the committee has been
compelled to limit witnesses to those who
will speak for organizations, either Of
labor or employers.
The amendments that have received
the most attention are those introduced
Wy oCIAdIV Gi0Wd1O y. NC, 0cluUIIdU,
of Nebraska. Under the Burke amend
ments unit bargaining would be per-
mitted within an industry or even within
an individual plant. This is contrary to
the present law, which declares that all
workers must bargain with the duly
elected majority. Any minority, or even
any individual, under the Burke proposal,
ha yfIyfa hoy yEroi iV,iV
to deal with the management. Officials
Of the board always have taken the posi-
ton that this would be destructive of real
collective bargaining since hostile man.
agement could play one bargaining unit
against another While this is the most
important change. in other ways, too,
the Burke amendments would drastically
alter the functions OF the board.
A. F. of L. Submits Own Formula.
Opposed to the Burke amendments
as hostile to labor" the A. F. of L. has
drawn up its own proposed changes
which have been introduced by Senator
David Walsh, Democrat, of Massachu-
setts. Determined to prevent any
changes in the Wagner Act, the c. I. o.
IS highly critical of the A. F. of L.
amendments. Under the A. F. of L. pro-
posal, Federal district courts would have
the power of independent review of labor
board cases. The A. F. of L. proposal
would also further restrict the def1ni-
ton of company union. It provides, too,
that no contract with bona fide union
shall be invaldated regardless of whether
or not the union has majority.
Another set bf amendments has been
introduced by Senator M. M. Logan,
Democrat, Of Kentucky with the pur-
pose of excluding workers engaged In
processing agricultural products. This
would exclude borderline classificationS
such as employees of cooperative farm
organizations in the citrus areas of Cali
fornia. The board has already taken
jurisdiction over many of these border
line cases where workers are engaged
almost entirely in machine operation.
The Logan amendments would exclude
not only such workers but it would go
much further to rule out tobacco
stemmers, for example. The Farm
Bureau Federation, the Grange and
other organized farm groups are be-
hind the Logan proposal.
Then, finally, there is the bill intro
duced by Senator Rufus G. Holman,
Republican, of Oregon, which would
frankly abolish the board. Senator Hol-
mans bill would put the investigating
function of the board In the Department
of Labor and set up q new board Of
nine members with judicial function.
Apparently, there is no organized sup
port for the Holman bill.
Under Attack Since Birth.
Almost from the beginning of its ex-
istence in 1885 the board has been under
constant attack. No other agency Of
the New Deal has been subjected to
anything like the volume Of criticism
directed at the labor board. The great
majority of newspapers have been openly
hostile. Business organizations have re-
peatedly denounced the board as unfair
and biased. And as the quarrel between
the @. I. O. and the A. =. Of L. grew