Evening star., 1940-02-12
Court
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of a motor vehicle entering the
State.
In the Watermen case Justice
Black pointed out that the Labor
Act provides that board findings
supported by evidence shall be con-
elusive. He said: TT is of para
mount Importance that the courts
do not encroach upon this exclusive
power of the board If effect is to
be given the intention of Congress
to apply an orderly, informed and
specialized procedure to the COM
plex, administrative problems aris-
ing in the solution of industrial
disputes. s...5..
"As it did in setting up other ad-
ministrative bodies, Congress has
left questions of law which arise be-
fore the board-but not more-ulti-
mately to the traditional review of
the judiciary. Not by accident, but
IN line with the general policy, Con-
gress has deemed it wise to entrust
the finding Of facts to these spe-
cialized agencies. It is essential
that courts regard this division of
responsibility, which Congress as a
matter of policy has embodied in
the very statute from which the
Court of Appeals derived its juris-
diction to act"
Unions Contentious.
In support of it's contention that
the change in union affiliation was
responsible for dismissal of the men,
the Maritime Union cited several
facts. These, union officials said,
were remarks made by responsible
officers of the corporation; uncon-
tradicted evidence that it was the
unbroken custom of the corporation
to retain part, if not all, of the
crews of laid-up ships for work on
repairs; convincing evidence of dis
elimination against the members Of
the two crews in the allotment of
the repair work during the layup.
When the ships finally sailed, 1t
was with men from the A. F. of
L. affiliate. This, Waterman said
was due to the fact that when the
time came to staff the ships after
the layup, the corporation was re-
quired by its contract to hire men,
bers Of the International Seamen's
Union.
In arguing against the reinstate-
ment of the men. Waterman had
said that the cost of paying them for
the time lost would run up to $780,
600.
Right to Employment.
In his decision, Justice Black said
that If the board shows sufIicient
support for its findings that the sea-
men had continuing right to their
employment that the Circuit Court
Of Appeals was required to enforce
the order. He added that from the
evidence 1T is glaringly apparent"
that this condition existed.
I'm the words of the act" the court
said, IAN employer cannot terminate
his employees tenure OF employment
or any term or condition of employ
ment' because Of union activity or
afiliation. These words are not lin
tied so as to outlaw discrimination
only where there is in existence a
formal contract or relation of en-
ployment between employer and en-
ploye. They embrace as well all
elements of the employe relationship
which in fact customarily attend
employment and with respect to
which an employers discrimination
may as readily be the means Of In
terfering with employees right of
self-organization as If these elements
were precise terms of written con-
tract Of employment" /"
The decision was in line with re-
cent rulings Of the court, which has
upheld the powers of administrative
agencies in their particular fields.