Evening star., 1939-05-03
By JOHN C.. HENRY.

BY JOHN c. HENRY.
Brushing aside the suggestion that
the American Federation OF Labor
is seeking to force supervisory work.
ers into its ranks, Joseph A. Padway,
general counsel for the A. F. Of L.,
made a spirited argument before the
Senate committee today in favor of
limiting the National Labor Rela-
tions Boards discretion in excluding
such employees from voting in COL
lective bargaining elections.
With a Federation-sponsored
amendment to the effect pending,
chairman Thomas disclosed that the
committee has received "a great
many" letters from employers as
serting the proposal is an A. F. of l..
ruse to force minor executives into
its ranks.
Pointing out that at least 78 of
104 affiliates already permit such
straw bosses" to join, Mr.. Padway
based his case on alleged abuse of
discretionary powers by the board.
To this end he cited a decision
to exclude 2ll crew foremen from
voting in a Michigan utility case
on motion of the c. I. o. after pre-
viously granting them voting rights.
Says Foment Created.
The earlier granting of voting
privilege to the foremen, Mr.. Pad
way declared, resulted in "the big
chiefs of the c. I. o. in the locality
raising a holler before the regional
director, and it became a matter
of common gossip that the c. I. o.
had been promised through the re-
gional directors Office that the crew
foremen would be excluded from the
appropriate unit"
Such exclusion subsequently was
ordered by the board, and the C. I.
O. won the election.
During Mr.. Pathways criticism of
the Labor Board, Senator Ellender,
Democrat, of Louisiana cited to him
quotation from Mr. Pathways testi-
mony before a congressional COM
mittee in April, 1888, in which he
commended the board and said he
would function as its members do
if he were member himself.
Mr.. PadWay explained today that
he had meant the board members
had been diligent, hard working and
courteous.
Two Objectives Seen.
Such groups, he said, either de-
press the living standards already in
existence or share the benefits ac-
quired by legitimate unions, without
aiding in their acquisition.
Although the board has not ac-
tually ordered disestablishment of
any A. F. l.. union, Mr.. Padway
contended the effect has been the
same when contracts are invali-
dated and recognition ordered with
drawn.
Your argument seems to imply
that the mere fact of a unions
afflliation with the A. F. L. pre-
cludes 1t being company domi-
mated" Chairman Thomas OBJ
served.
The witness denied this interpre-
tation, pointing out that any union
could be found company dominated
where it is created. controlled or
maintained" by an employer.
Earlier in his testimony today, Mr.
Padway assailed suggestions that
the Wagner Act be revised to correct
it's alleged one -sidedness.
THE criticism leveled at the act
that it is one-sided because it aims
to protect the rights of workers as
distinguished from rights of en-
ployers is fundamentally
unsound," he argued. The act is,
indeed, one sided, and designedly so.
Any legislation designed to equalize
an existing unbalance must be one
sided
ITO suggest that labor unions and
employers be similarly regulated in
their approach to organization of
labor is. to put it bluntly, absurd.
Such suggestions simply confound
the antithetical natures of labor
organizations and employers. One is
primarily concerned with organiz-
ing workers.
ShAASAShs ASS"A SoAAsAo
There was-and still is-quite
enough legal control of trade unions.
Strikes for unlawful ends are still
declared to be unlawful conspiracies
and are restrained; non-peaceful
picketing is subject to restraint in
every State and by the Norris-La
Guardia Act in the United States;
iniunctions have been and still are
available where fraud or violence
are resorted to by trade unions, and,
most conclusive of all, the criminal
laws of all States can adequately
control the use by unions of illegal
methods"
Mr.. Padway spoke approvingly OF
the effects of the act in improving
labor relations, but qualified his
position by adding that labor did
not think it was surrendering its
philosophy of voluntarism, its right
to regulate and conduct its own
internal affairs, and to maintain or
change its form and structure as 1t
deemed wise and proper without
governmental intrusion.
1T is only as last resort that
labor seeks the aid of others. There
never was, nor will there ever be,
time when labor organizations pre-
fer to settle their disputes and diff
ferences by direct negotiations with
the employer without resort to out
side agencies, governmental or not.
The strength of labor is its own