Evening star., 1940-03-09

should be held to strict account
ability for deviations from fair hear
ngS and fair trial. Some Republicans
are planning to offer amendments
which will provide for removal of
board members who abuse their
offices by communicating with any
litigants in advance of judgments
and verdicts.
The record of the present Labor
Board shows that not only did the
members maintain an intimate re-
latlonShip with labor union eXecu-
tlves, consulting them on many i'm
portant steps that would trap en-
ployers, but that the board employees
willfully permitted themselves to be
used in coercing litigants and
forcing settlements favorable to
labor unions.
Members of governmental COM
missions. it now is suggested, should
be held just as much responsible for
unethical conduct as are Federal
judges, and whenever they carry on
any illicit correspondence with par
ties who come before them in a for
NAL way there should be some pun
ishment provided for such mis-
feasance.
Might Also Penalize Lobbying.
1t is probable that penalties will
be sought by the Republicans for
improper conduct by members of
the board in connection with con-
gressional lobbying. Evidence has
been uncovered that the present
labor board maintained systematic
lobby not only in Washington, but
throughout the country, and that
favors we're solicited from union
executives who were the benefici-
aries of board decisions and rulings.
Federal judges lately have been un-
der fire in various places and in one
instance Federal judge has gone
to prison because 1t was alleged that
he borrowed money from a lawyer
who had 9 case before him.
Nothing of this kind has arisen in
connection with the labor board en-
ployes, but, on the other hand, the
material objective of board mem
bers was selfishly to keep their ap-
preparations intact by setting up a
lobby to influence Congress. BY
asking various persons who were
active IN cases before the tribunal
itself to go to bat in behalf of the
board, favors were solicited from
labor executives which redounded
to the benefit of the board and it's
staff. A Federal law forbids AL
ready any such lobbying, but to date
nothing has been done to prosecute
those who violated the law
Would Curb Crusading.
1t is being urged, therefore, that
trafflcking with either side by board
members in labor disputes should be
specifically prohibited so that the
new Labor Board will realize it is
expected to act entirely in judicial
and not in political or crusading
capacity.
There are other amendments
which the Smith committee has
overlooked, doubtless in the desire
to get agreement among it's mem
bers, but Republicans and several
independent Democrats plan to offer
amendments which will greatly re-
strict the tendency of the board to
write into the law words that are
not in the statute.
Thus today the board selects vir-
tuaily any penalty it wishes in order
to punish an employer believed to
have violated some precept of the
board. The power to invent punish
ments has been expressly declared
by the board to be within its pro-
vince. An amendment, therefore, be-
comes necessary stating that no
other penalties except those specifi-
cally provided in the Labor Relations
Act may be administered by the
board.
No Agreement Compulsory.
1t is significant that the Smith
committees majority statement sug-
gests an amendment to the present
law whereby the words. of a Su-
preme Court decision when it first
upheld the Wagner Act may become
a respected rule of law. The ST.
preme Court says the Wagner Act
does not compel agreement. But
the present Labor Board has so
stretched the present law by arbi-
trary Interpretation as to make
agreement virtually a matter of
compulsion.
These coercive features might
never have crept into the decisions
II the board members had not had
a definite feeling that the preamble
of the act itself encouraged COM
pulsory unionization, so now, in
order to assure the citizen of his
rights to treat freely with his en-
ployes, an amendment to the statute
Is being advocated that will remove
the compulsory features.
Labor unions in many instances
do not like compulsory arbitration
and employers do not like to be
compelled to make agreements when
they cannot afford financially to
meet impossible demands.
Labor retains its right to strike
and is safeguarded in its right of
collective bargaining under the
Smith committee proposals, but the
Smith committee has not gone far
enough to remove the abuses of col
lective bargaining. This gives the
Republican minority an opportunity
to offer substantial amendments to
the present law, some of which may
have good chance of passage be-
cause many independent Democrats
feel the present Labor Board is one
OF the most dangerous influences to-
ward collectivist government that
has yet appeared.
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Injuries to pedestrians last year
In the District from March. when