Newark leader. ([Newark, Ohio]) 1917-1946, 1940-08-29


and employee by granting to the
workers certain powers, such as
the right Of self-organization
without any interference on the
part of the employer, and by re-
moving from the employer the
use of definite remedies at law
and economic devices formerly
available in labor disputes. Min
imum wage laws assume that the
first charge against industry is
the wage and not the profit,
thus almost completely revers-
ing the point of view that domin-
ated the economic thinking some
twenty-five years ago.
The National Labor Relations
Act functions directly to in
crease the bargaining power of
the worker and thus indirectly
give him more control over his
job. This Act has definitely leg
allied collective bargaining on
the grounds that it is necessary
for human welfare. Since the
administration of this law, far
reaching changes have been
made in the employer and en-
ployee relationship. One of the
most important is the definition
of an employee. Here an en-
ployee is defined to include any
person out of work as a conse-
quence of and in connection with
a labor dispute or whose work
has ceased because of any un-
fair labor practice unless these
persons have obtained regular
and equivalent employment else
where. 1t is obvious that this
concept of an employee differs
materially from that adhered to
before this legislation. In for
mer years when a strike occurred
those who participated were con-
sidered as ex-employees or for
mer employees and others could
be hired in their places.
The present Interpretation of
an employee covered by the
Wagner Act protects his job if
he is on strike as a consequence
of or result of a labor dispute
and if he has been discriminator-
lily discharged. In other words,
formerly in cases of labor trou-
BILE the places of the strikers
could legitimately be filled by
other workers, but under the
Wagner Act these strikers are
still employees, therefore no va
cancies exist and no strikebreak-
ers can be legally used.
Furthermore, the Wagner Act
has modified substantially the
employers right to hire and dis
charge workers. Probably the
chief limitation upon the firing
rights of the employer is that
he now has the burden of prov
ing that the discharge was bas-
ed upon justifiable reasons and
that the reasons given for the
severance of employment are not
subterfuges to defeat self-or-
ganization.
The National Labor Relations
Board has maintained that dis
criminatory refusal to hire is
Just as coercive as discrimina-
tory discharge. So on several
occasions the employer has been
ordered to hire persons refused
employment because of their
union affiliation and award back
pay to equal the amount that
would have been earned. Rec
ent decisions of the courts in
the United States are also grant
ing the worker more job secur-
ity.
There is a definite movement
in the United States toward in
dustrial democracy, and that
recognition and representation is
being granted to workers in or
der that these democratic rela-
tionships can be fosterd. Some
of this industrial development is
due to normal economic evolution
and some is the result of laws
sponsored by those in our society
who do not wish to rely upon
the self-generative forces in the
economic environment. Whether
industry will function more ade-
quately under democratic prin-
ciples than autocratic activities
is a subject for debate. But it
sould be recognized that these
democratic ideals are permeating
all the other major interests of
life. For example, in the home,
the political institution, and to
some degree in the religious in
stitution emphasis is being plac-
ed upon participation. If this is
true there is no reason to doubt
that sooner or later the workers
would be allowed a voice in the
most important and vital insti-
ution in our social order. 1t is
here that the employee spends
most of his life and it is here
/ 49, La ..o~co~o1;4xY 20 ~.x.oo4Ix -