Evening star., 1939-12-19

ness to all interests involved, that it
can in the future perform useful
and desirable purpose. 1t is the
only existing legislation that guar
antees to the working man the right
of collective bargaining and, while
my observation and investigation up
to the present has convinced me that
amendments to certain features of
the law are desirable and necessary
before it can accomplish its declared
purpose, nevertheless, in the enact
ment of such amendments to the
act, we must carefully preserve not
only the right of collective bargain
ing of employees, but the machinery
and means of enforcing that right.
further believe that the right of
collective bargaining should be so
safeguarded as to insure to the en-
ployes themselves the liberty of in
dependent thought and freedom of
action, untrammelled by coercion or
intimidation, either from their en-
ployer or from any other source. If
the Congress will so amend the law,
and the board will so administer
the law that the laboring man him.
self, whom it is the object of the
act to protect, can feel free to act
without fear of coercion, intimida-
ton or physical violence from any
source. we will have accomplished in
a large measure the purpose de-
signed by Congress.
No Prejudice.
We recognize that there are many
angles to the labor problems and
each angle has its own degree of
merit. We are approaching the
problem without prejudice against
any individual or organization and
with a fixed purpose to refrain from
criticism of any one unless based
upon proven facts.
However, it should be recognized
that when labor disputes occur Of
such magnitude as to throw thou
sands of people out of employment
and to cause the cessation of in
dustry, that our first concern must
be for the general welfare of the
Nation and of the public as whole.
The time is come when those re-
sponsible for the conduct of govern
ment should take the firm position
that when the ambitions and objec-
tives of any minority group, no mat
ter how powerful, conflict with the
interests of the public as whole,
that which is in the interest of the
general welfare of the Nation must,
and will, prevail Only when this
principle is recognized by both labor
and industry will We be able to ap-
proach a settlement of the labor
problem in the proper spirit.
No matter who is right and who
is wrong, the fact remains that labor
disputes retard and prevent per-
manent recovery. No matter how
earnest and arduous may be the
efforts of Government to restore
prosperity and employment, there
can be no permanent recovery SO
long as both labor and industry live
under constant threats Of coercion
strikes and interruption to the Or
derly operation of the industries
upon which the Nation as a whole
depends for a restoration of pros
perity.
While I do not intend to pre-
Judge the issues involved in this in
vestigation, there are certain con-
ditions alleged to prevail under the
National Labor Relations Act as
written and now administered
which have given rise to widespread
complaint and criticism both from
industry and labor. 1t is charged
that these conditions encourage
rather than prevent labor disputes
I shall take this opportunity to point
out some of the criticisms of the ACT
and its administration that we have
been urged to investigate.
Examples of Criticism.
For example, under the Nationa'
Labor Relations Act, broad, discre.
tionary powers are vested in the
labor board. Under section 9 &c,
the labor board is given the power
in any labor dispute, to hold ar
election amongst the employees tt
determine who shall be their repre-.
sentatives in dealing with the EN-
ployers. On its face, this looks like
very fair and democratic method
The wording of the act leaves it tt
the discretion Of the board as tt
who may request such an election
when it shall be held, or whether il
shall be held at all; what labol
organization may be voted for a.
the representative of the worker.
and what shall constitute the uni
of employees who may vote.
For example, two rival unions may
be claiming to represent majority
of the workers. The fact may bt
that neither represents majority
Each unior demands that the EN-.
ployer deal with it or face a strike
and a cessation Of its operation
There NAV be no diSplIte as to wages