Evening star., 1940-12-09
Supreme Court
To Review Labor
Bargaining Case
Order Naming c. |. o.
Aoent Over Workers
Opposition Involved
BY J. A. FOX.

Acting in case in which the Ma
tional Labor Relations Board itself
had divided sharply, the Supreme
Court today agreed to review a chal-
lenged board ruling which installed
c. I. o. union as the collective
bargaining agent in one of the fiat
glass plants of the Pittsburgh Plate
Glass Co. over the opposition of
more than 30 per cent of the work
erS.
The court agreed also to rule on
litigation growing out of the battle
over control of prices charged for
music played for public entertain
ment in the granting of a review
sought by Nebraska officials of a
decision that invalidated a State
anti-monopoly law which permitted
public playing of music on pay
ment of the original purchase price
Returning after a two-week recess
the court today disposed of more
than II cases by decision. But ii
failed to pass on the two celebrated
contempt cases coming from Cali
fornia courts. In one of these the
Los Angeles Times was convicted of
contempt for discussing editorially
the court cases which had not final
ly been disposed of; in the other
Harry Bridges, West Coast c. !. O.
leader. was convicted for attacking
publicly a court decision in a labor
case.
Order Attacked by Company.
The Labor Board order on which
the Supreme Court granted review
was attacked by the Pittsburgh
Plate Glass Co.. and the Crystal
City Glass Workers Union. an in
dependent organization of employees,
because it required the plant at
Chrystal City. Mo. to accept repre-
sentation by the Federation of Flat
Glass Workers of America on the
sole ground that five other plants
operated by the company for the
manufacture of fiat glass had been
organized by the c. I. o. and that
consequently the six plants consti-
tuted an appropriate bargaining
unit.
The order was upheld by the
Eighth Circuit Court of Appeals and
the appeal to the Supreme Court
followed. The case was decided by
the Labor Board in September a
year ago after lengthy battle and
vigorous dissent was rendered by
Board Member William M. Leiserson
when his associates, former Chair
man j. Warren Madden and Ed
win S. Smith. ruled that the six
plants. located in five States, should
be Jumped together for bargaining
purposes.
This does not seem to be espe-
cially different from the denial of
free choice of representatives in
cases where employers impose labor
organizations on their employees"
he emphasized in pointing out that
1900 TO 1900 employees at Crystal
City chose the independent union
as their bargaining representative.
Fight Started Two Years Ago.
The majority of the board held
that the employees of the six plants
had an identity of interest.
The court fight started two years
ago when the Labor Board alleged
that the Independent union was a
company union" and finally
brought about an agreement under
which the company withdrew recog-
milton and support from the organi-
zation.
The company. however. while bar
gaining with the c, l. o. on work.
ing conditions in other plants, re-
fused to bring the Crystal City es-
tabhShment within the scope of the
negotiations, and the independent
union likewise continued to demand
the right 10 speak for the workers
of Crystal City.
AS result charges of unfair labor
practices were filed against the COM
pany and it is upon this that the
court will now pass.
In the Nebraska case a three
judge Federal Court held that the
State legislation violated the ma
tional copyright law by depriving
the copyright owner of the right to
sell or withhold from sale as he may
choose. The legislation was chal-
lenged by the American Society of
Composers, Authors and Publishers
"A. S. c. A. P."-which controls
the copyrights on practically 80 per
cent of the music played in this
country. "A. S. c. A. p" which is
now engaged in a music price war
with the National Association of
Broadcasters, contended it was en-
titled to extra payments for music
DlaVed Duh1ic1v