The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1940-11-13

Washington, NOV. lS.-NOF - He
United States supreme court ruled
Yesterday that the National Labor
Relations Board is powerless to Or
der Wagner Act violators to REM
burse public relief agencies for sums
paid strikers or workers discharged
illegally.
The 6 to 2 decision came in one
OF a series of ntigations resulting
from the "little steel" strikes in
1897. The NLRB had ordered the
Republic Steel Company to relm-
burse relief agencies, chiefly the
WPA, for sums paid those deprived
of work as result Of the dispute
Chief Justice Charles Evans
Hughes, writing the majority opin-
ion. held that the NLRB has power
To take remedial measures to as
sure collective bargaining but has
no power to require the employer
to pay to governments what they
have paid to employees for services
rendered to them in an eXacuoh.
Justices william o. Douglas and
Hugo L. Black dissented, contend
ing that such requirement Wou!o
tend to strengthen the safeguard
ing of a workers collective bargain
ing rights. 4
Board Is Upheld
The court in another action up
held an NIRB ORDER myalloathg
closed shop contract between the
AFT, International Association OF
Machinists and the Serrick Corpora
ton, a Muncie, Ind. parts factory
The AFL union claimed a majority
of tool room employees while the
CLIO United Automobile Workers
claimed a majority Of all the plant
employees.
THE conclusion then is juatti-
fed" Douglas wrote in an unanl-
nous decision. that this Is not a
case where solicitors for one union
merely engaged in d Jealous men,
bership drive which Just happened
to concide with the management
desires
third Major Action
In a third major acton the Su-
preme court agreed to review lower
court decision denying the govern
ment the right to sue for triple
damages under the ANTITRUST laws
for losses alleged to have resulted
from identical bids submitted by
IS rubber tire manufacturers on
government purchases. Final &C.
Cision in the controversy may nave
far-reaching effect on government
buying under the multi-million dol
lar defense program.
The corporation had compiled
with the boards order requiring
that the firm cancel the contract
and cease refusing to recognize the
URW. The AFL union brought legal
action. challenging the boards power
to nullify the contract and con-
tending that the board lacked evil
dence to support its decree.
The board had cancelled the con-
tract on grounds that the purported |
tool room majority was not the re-
suit of a free choice of the workers
II asserted that the company con- 1
Quoted an anti-CIO campaign and
assisted the lam
Justice William o. Douglas wrote
the unanimous opinion OF the court !
holding that the finding Of the
board that petitioner GAMD did not /
represent an uncoerced majority OF |
tcolroom employers when the closed /
shop contract was executed is ace-
Quate to support the conclusions /
that the maintenance as well as the |
acquisition of the alleged majority !
was contaminated by the employers
aid"
Reversed Decision
The courts action in the Republic
case reversed a decision OF the third
circuit court of appeals. Last spring
the supreme court had refused to
disturb a portion of the boards
order finding that Republics unfair
labor practices were the. primary
cause Of the strike against the com
pany Later, the high court agreed
to take up the relief question as a
separate case.
This controversy arose from part !
OF the NLRB decree relating to back |
pay for hundreds of employees who
struck or were locked out. The de- |
cree provided that the workers |
might receive only the amount they
would have earned with Republic |
less amounts received from other
sources such as work relief. The
latter amounts were to be turned /
over by Republic Steel to relief |
agencies. chiefly the WPA.
Religious Cult Ruling
The supreme court granted the !
petition OF a group of members of |
the Jehovah's Witnesses religious