Evening star., 1939-01-22
Condemnation of Labor Board
Courts Cited by Burke
Senator Quotes From Opinions to Back
Charges Findings Rest on 'Surmise'

VA WAC Wal " . aESAo4OAAD OlA Rdl IlSu-
lar controversies. Your record here
Is anything but impressive. From
March to December you were re-
versed II times, in four cases your
orders were modified, two were sent
back for further proceedings, and
in II other cases you secured per-
mits to withdraw your orders be-
cause you knew you were wrong.
I'm your recent report to Con-
gress you complain because the
courts are looking into your de-
cisions and reversing them. One of
your colleagues, in a speech on No
vember 80, belabors the courts for
treating facts as facts instead Of
applying the boards rule OF 'sympa-
thetic understanding Apparently
you consider 1t proper in dealing
with labor relations to disregard fac
tual proof II such course is neces-
sary to effectuate your preconceived
notions"
Quotations From Decisions.
Senator Burke then gave series
of quotations from decisions by the
circuit court. From such an opinion
In the first circuit he quoted: There
is not the slightest evidence of this,
or any evidence from which such
deduction could reasonably be
drawn. Such a conclusion
clearly existed only in the imagina-
ton Of the examiner and members
of the board ."
In the Second Circuit, Senator
Burke said, a decision held in part:
Instead of proving that the plant
was closed for the purpose Of dis
couraging the employees first efforts
toward collective bargaining, the
record proves the exact opposite
In the Third Circuit, a decision
was quoted by the Senator as fol-
lows: I'm the face of these proofs
given by it's own witnesses and with
out any proof to the contrary, the
board made this contradictory and
unwarranted finding ."
In the Fifth Circuit, decision
said in part: The board has wide
discretion in administering the act,
but in doing so 1t must deal fairly
with both parties to the controversy
1t is the duty of the board to decide
the case before it on all the evidence
1t is not at liberty to rely upon part
Of the evidence in support of its
findings and put aside all other un-
disputed evidence"
Industrial Peace Held Menaced.
After quoting from half a dozen
more decisions of the courts, scoring
the board, Senator Burke continued:
My complaint in chief is that in
stead of diminishing the causes of
labor disputes and pointing the way
toward industrial peace, you have
multiplied such causes and produced
condition approaching industrial
anarchy.
Were you able to show that such
a conclusion is mistaken. you would
not need to do more. But that you
have not, and cannot do.
Employers, employed, the general
public, all are familiar with the
widespread turmoil in the labor field
that has contributed so materially
to retarding a great forward move
ment in industry. No amount of
juggling with statistics will aid you
in covering up the fact that you
have not measured up to the Job
that was assigned to you.
You do not like my assertion that
voluntary collective bargaining is
producing gratifying results in Great
Britain. The Presidents commits
sion and every independent observer
OF whom have heard support the
contention which I make. Complete
freedom in collective bargaining
without interference from employers,
union organizers, or a Government
agency, is the goal which we should
seek to reach.
I'm the effort to remove obstruc-
tions Of one kind to the exercise of
freedom of workers in organizing for
purposes of collective bargaining, we
have brought upon the country a
host Of other ills. The matter is 50
serious that corrective action must
be taken before irreparable damage
| Is done"