The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-05-11
Burke's Amendment
To Labor Relations
Opposed byAFL
Detrimental To Efficient Ad.
n1inistrution Of Act
Says Green

Washington, D. C.-Strong opposi-
ton to the amendments to the Natl
onal Labor Relations Act proposed by
Senator Edward r. Burke of Nebras-
'<a was voiced by William Green, pres
ident of the American Federation of
Labor, in his testimony before the Sen
ate Committee on Education and La
Dor in favor of the A. f. Of l.. amend
ments contained in the bill sponsored
~ Senator David l. Walsh of Massa-
:husetts. In addition to the Burke
amendments, Mr.. Green's criticism in
.luded amendments offered by num-
Der of other Senators.
I'm discussing these various amend
nents, and especially the ones offered
oy Senator Burke, Mr.. Green said:
"I am mindful Of measures and
amendments which have been intro
luced by others on the subject in this
session of Congress. We have care
rully examined these amendments.
They have given us grave concern.
"In fact, the question we had to an
swer to ourselves was: Shall we fos-
ter amendments and thereby invite
proposals for legislation which will
curtail or abolish the fundamental
guarantees embraced within the pres
ant act.
"If the determinations Of the Board
we're based on mere error of con-
struction of the law we would perhaps
have abstained from submission of
amendments and have sought to reason
with the Board in an effort to have
them correct their errors.
Board Ignores Complaints
"But for almost two years we have
! made our position clear. We have di-
rected our complaints to the atten-
lion of the Board, as well as having
made them public. We went SO far
as to cause to be introduced both in
The Senate and in the House Of Repre-
sentatives a measure to revise the unit
rule
"Our complaints have gone unheed-
ed. Instead of a reversal of the pre-
vious decisions other and more drastic
decisions have been handed down by
the Board, having more disastrous
effect on our great organization.
"The public and official utterances
of certain members of the Board have
been more vehement as time went on
eve could no longer refrain from
requesting Congress to grant US relief
and to amend the Act so as to have
it conform to it's original intent and
to assure fairness in it's administra-
ton.
"But we must not lose sight of the
point | stressed in the opening of my
remarks. The Act was necessary tc
overcome certain evils and it contains
fundamental guarantees which must
not be weakened or abolished.
Outlines Opposition to Burke
Amendments
"Therefore l would like to make
clear the position of the American
Federation of Labor in regard to Sen
ator Burke's amendments.
taking Senator Burke's proposals
as whole, the American Federation
of Labor stands opposed to them a.
destructive of the purpose and theor!
of the National Labor Relations Act
and as detrimental to it's efficient ad
ministration.
81 will not undertake to state in de
tail our objections to the entire amend
ments but will confine myself to :
statement concerning several of tn
more fundamental provisions.
"We are opposed to the proposed
separation Of the judicial from the ad
mnistrative functions of the Boar'
accomplished by the amendment
which permit the employer to trans
fer an unfair labor practice case t.
the District Court.
Hits Court Review of Evidence
Owe are opposed to court review o
the weight of the evidence. To lodg
that power in the courts will mean
re-trial of every case in the courts OF
the facts. 1t would bring about end
less court reviews and costly litiga
ton.
"The present rule of the court a
| COulllCt III Vic VI VII
American Federation of Labor requir
ing substantial evidence to supper
the findings of fact made by the Boar
is just and proper. There is no nee
to go farther than that.
Besides, the removal of cases t
the District Court at the option of an
!, party to proceeding before tn
Board will result in the removal @
nine out of every ten cases. Thi
| method of removal from the Board
the court for trial of the case is cor
trary to sound administrative pre-
cedure.
unfair Labor Practices" Amendmer
Opposed
owe are opposed to that sectio
which lists unfair labor practices o
the part of the employees. 1t is foreig
to the purposes of the Act.
GAS has been repeatedly stated, ur
lawful and improper practices on tn
part of labor unions and their men
bers are adequately covered by tn
civil and criminal laws of the State