The voice of labor. (Cumberland, Md.) 1938-1942, 1940-07-18

define craft particularly III
modern industry. II would give rise
% jurisdictional disputes and
Ultimate strikes and labor unrest
u would nermii the unfair EN-
ployer to play of one group
against the other. II would per
nit so called craft unions to rad
industrial unions
which have succeeded in eStab
fishing sound collective bargain
ing relations under written agree
ments
Six Months Clause
%. II Is also provided that
no charge Of unfair labor prac
ticc may be brought more than
six months after II took place.
This Is an unjust statute of linn
itatiOns. In many cases. the
evidence has been 80 carefully
concealed by the employer or
so many persons have been In.
volycd. that u takes "a long time
10 gather the evidence for
proper aud effective prcScnta-
ton.
In ordinary business rcla.
tionS person MAY hiring suit on
a debt at any time during i
period Of from six to 20 wears
after the debt has become due.
In actions for damage To prop.
erty. suit may be brought at
any time within six wears In
actions for personal injuries.
suit mas be- brought within
period Of two or more years.
Furthermore. in all such eases
the facts are immediately
known and no such invcStiga
ton must be- made a. is re-
quircd when establishing an un-
fair labor practice.
Back Pay Limit
3 Another amendment woulc
INIT back pay TO one year Al
analysis Of other sections Of the
amendments reveals early that
The employer has been gwen an
open road for dragging the case
through the courts for years Be
.ng thus safeguarded III the
amount OF back pay there Is moth
iae to prevent the employer from
carrying the case through all the
courts The greater part OF thc
burden. therefore. falls upon tbs
worker who not only has been dis
criminated against but row must
bear the cost while the employc,
seeks judicial rcv!ew and seeks &c
starve the worker out
Evidence
a. The amendments change
the procedure to be used before
:he Board and they expand the
powers Of review BY the courts
Under the amendments the
Board must find that a prepon
Gerance OF evidence sustains the
charge Not even lawyers know
what the 'preponderance OF evi
Gence Is.
The requirement that the hear
inRS before the Board shall be
conducted as far as practicable IN
accordance with INC rules OF cyl.
dence. brings the mumbo Jumbo
of lawyers into labor courts
where testimony mus, be given
BY workmen THIS hampers them
as witnesses and makes impos
>iblc IN some cases the p.opC. un
derstanding o! 4 case
THE amendment giving the
courts the power TO review the
Boards finding Of fact opens
the way for the courts 10 sub.
stitutc their opinion and judg.
ment for that Of the Board.
IS. Free Speech: Under the
guisc of preserving the rRh, OF
free speech TO the employer the
amendment permits him to tx
press opinions on any subject
provided only that the words are
not accompanied by acts or threats
OF coercion or intimidation Any
one familiar with these so called
expressions Of opinions BY en-
ploycrs. knows very well tina, they
need not be accompanied by
threats or acts in order TO convey
TO the worker that unless he
complies with the employer 5
opinion he may very well find
himself out of a job or dlScrlm
mated against in many other de
vious ways.
Definitions
g. The amendments re define
the term 'employe so as to pre-
vent reinstatement OF striker
who has engaged in willful VIC
lence or destruction of property
Under this. many innocent strik
ers who have been victims Of
agent -provocateurs may be denied
rights under the Act. A company
agent could stir up trouble and
violence in a peaceful strike and
thereby remove all the innocent
workers from the protection of
the law. Furthermore. a convic-
ton for a minor offense by local