Evening star., 1940-03-07
Committee Minority
Hits Proposals as
Emosculutory'
BY ]. A. FOX.

and replacement by a new
three-man body shorn of prose-
cution functions were proposed
today in a series of sweeping
amendments to the National
Labor Relations Act offered by
the Smith committee of the
House, which for weeks has been
studying the operations of the
Wagner Act. The incumbents
could be reappointed to the board
The prosecution of unfair labor
practices under the revamped setup
would be vested in a new officer
an administrator-while the board
would sit in judicial capacity.
The amendments, which, it was
made clear by Committee Chairman
Smith, Democrat, of Virginia, are
designed to meet only the most
pressing needs disclosed by the in
Quiry, which is to be continued, pro-
duced split in the committee.
Lining up with Mr. Smith in ad-
vocacy were Representative Halleck
of Indiana and Routzohn of Ohio,
both Republicans; in opposition were
Representatives Healey of Massa-
Chusetts and Murdock of Utah, both
Democrats, who protested against
the amendments as "emasculatory"
and threatening the "the principles,
purposes and objectives of the act"
The minority members said that the
changes propose to sacrifice vital
rights of labor
Referred to Labor Committee.
The amendments were introduced
as the House convened, and were re-
ferred Immediately to the House
Labor Committee, headed by Repre-
sentative Norton, Democrat, of New
Jersey, which has been viewed as
antagonistic to the Smith commit
tee.
AS soon as he introduced the
amendments, Mr.. Smith took the
floor to announce that the commit
tee had disagreed and that lit is now
up to Congress whether to change
the law.
In explaining the amendments at
an early-morning press conference,
Mr.. Smith said that it was to be
understood that they in no way
tnterfered with the right of labor to
collective bargaining, and that they
were predicated on the assumption
that company dominated unions
were not to be recognized-the phi
losophy of the Wagner Act.
One of the proposed amendments
confers on employers the right to
demand an election when there are
two competing unions in the same
bargaining unit, in order to de-
termine which shall be recognized.
At present, the granting of such
elections is optional with the board.
Chairman Smith said no provision
was made for run-offs, but added to
"bear in mind we have not finished
work"
The majority accepted in sub
stance proposal of Lloyd K. Gar
rison, administration adviser in
labor disputes, that the Labor Board
be relieved of responsibility of set
Ting disputes between the c. I. o.
A. F. L.
Explained by labor authorities as
a move to take an employer "out of
the middle" when two union fac
tions are fighting between them
selves, the requirement would be
that the factions would have to
agree on what was an appropriate
bargaining unit before either could
request an election to determine
which faction should represent the
unit. Presumably, they would have
to compromise.
Circuit Court Review.
Another important amendment
would give circuit courts the power
to review election cases-a right
that recently was denied in a series
of decisions by the Supreme Court,
notably on the West Coast, where
the c. I. o. was certified as the ex-
elusive bargaining agency for long
shoremen at all ports over the pro-
tests of the American Federation of
Labor, which at present is starting a
new action in District Court here,
under the general jurisdiction of
that tribunal.
Under the machinery now advo-
Gated, the administrator would de-
eide if a complaint of unfair labor
practices justifies action, and so
certify to the board. He then would
prosecute the proceedings before a
trial examiner, who, as now, would
be under the supervision of the
board.
After the trial examiner had made
his report, the board would decide
the issues.
Board Authority Limited.
This judicial review, and the hold
Ing of elections, constitutes the en-
tire authority of the board, Chair
man Smith said.
Under the present act, charges of
unfair labor practices 60 to the
regional directors of the board for
formal complaint to the board; now
the charges would be filed either
with the regional directors, who
shift to the control of the admin
istrator. or to the administrator
himself.
Appellate courts could not set
aside verdicts of the board unless
they were not supported by Sub
stantiap evidence, or were clearly
erroneous. Chairman Smith said
this language was borrowed from
the Walter-Logan bill to circum-
scribe the activities of administra-
tive agencies which has been re-
, ported out by the House Judiciary
Committee and is awaiting consid-
Grafton by the House under spe-
cial rule.
Subpoenas Made Mandatory.
The issuance of subpoenas for
both sides in board proceedings also
would become mandatory.
The committee wrote in amend
ments which in two instances pro-