The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-10-26
OF LABOR UNIONS
UNDER THE ANTITRUST ACT IS HIT
Congress Never Intended
That Labor Should Be
Held to Provisions
PROTECTION LACKING
Justice Department Reverses
Government Policy To
Safeguard Workers

1OVSAAAAASAAS : OA4Sy AZ
Safeguard Workers
BY President James M. Duffy, First
Vice President f. L. Wheatley and
John O'Malley.
The Executive Council of the Amer
lean Federation of Labor in session in
Cincinnati, Ohio, following the fifty
ninth annual convention Of the Fed
Grafton, condemned in strong terms the
indictment obtained in Washington, D.
c., by the United States Department
of Justice against Local No. 800 of
the International Brotherhood of
Teamsters, Chauffeurs, Stablemen and
Helpers of America, A. F. of l.. affili-
ate, and five union officials for al
legedly conspiring to foster jurisdic-
tional strikes. The Indictment was
brought under the Sherman Anti
Trust Act.
The Council issued statement de-
scribing the procedure used in securing
indictments against unions under the
antitrust act as "a complete reversal
of what labor believed to be an es-
tablished governmental policy to pro-
tect and safeguard the rights of the
workers in their individual and COL
lective activities" and held that the
indictment secured in the District of
Columbia charged "a labor union and
its officers with conspiring to violate
the antitrust law because it sought to
secure the employment of it's men,
bers in the performance of work and
under conditions heretofore considered
clearly and definitely within the law
The text Of the Executive Councils
statement follows:
"For some time past we have been
advised by the public press that the
Antitrust Division of the Department
of Justice intends to prosecute labor
organizations under the Sherman
Antitrust Act. Congress never in
tended that labor unions should be
subject to the provisions of this Act.
Certainly it was never intended
that trade unions should either be re-
stricted or prosecuted in pursuance of
their lawful and normal activities un-
der this Act.
"Outstanding among such activities
is the right to organize, and to exert
to the full all lawful economic press
ure in the furtherance of organiza-
ton. This right to organization has
been affirmed and strengthened by
many legislative acts and by decisions
of the courts.
"The activities of the Antitrust
Department in indicating labor unions
as such and the officials of such unions
in violation of the Sherman Anti
trust Act is a complete reversal Of
what labor believed to be an estab-
lished governmental policy to protect
and safeguard the rights of workers
in their individual and collective ac-
tivities.
"Some months ago there were in
dicted in several instances labor
unions and their officials. Recently
an indictment has been returned in
the District of Columbia charging a
labor union and it's officers with con-
spring to violate the Antitrust Law
because it sought to secure the en-
ployment Of its members in the per-
formance of work and under condi-
tions heretofore considered clearly and
definitely within the law.
"The American Federation of Labor
deprecates this uncalled for policy on
the part of the Government. 1t here
by voices it's resentment against these
unwarrantable activities and which
are nothing more or less than an in
vasion of fundamental rights guar
anteed to the workers of this country
in the Acts before referred to.
"The American Federation Of Labor
hopes and trusts that this trend and
tendency, this new adventure on the
part of the Government will cease.
1t demands that organized labor will
be permitted to continue to exercise
it's lawful right of organization and
of proper functioning without inter-
ference, hindrance or prosecution on
the part of the government through
criminal prosecutions of the character
referred to or otherwise.
"The prosecution Of trade union
organizations by the means referred
to is not only harrassing our organi-
cations but is likewise preventing
their growth by misleading the pub
lie to hold them in contempt. Such
prosecution is likewise imposing need
less expense upon our labor unions
whose treasures should be devoted to
other purposes than in the defense of
these unwarrantable and unjustified
prosecutions.
"The Executive Council expresses
extreme regret that the attitude and
unwarrantable action Of the Anti
trust Division of the Department OF
Justice should compel it to make this
public protest"