Evening star., 1941-02-12

AAdo w hSlCC 40
part of the contract to something
which was already taken care of
by the provisions of statutory law,
II refused to allow that section to
be incorporated in its bid and the
War Department announced -
though it was a technical interpre-
tation-that the Ford Co. had not
accepted the bid, but had made a
counter proposal.
AS it turns out now, the War De-
partment inserted an utterly super
f1uous provision. When it comes to
compliance with the labor laws or
any other laws, the courts can order
enforcement. Labor disputes are
not infrequent among expanding
industries and there has been for
some time a drive by the C. 7. o.
with which Sidney Hillman's union
has been affiliated, to organize the
main Ford plants. AS part of the
membership drive, the union lead
ers endeavor through publicity and
otherwise to represent the employer
as violator of the statutes. To
insert in War Department con-
tract provision designed solely as
a part of the unionizatio campaign
is a rather unusual performance
hereabouts, but such is the in
fluence of union leaders that even
the Chief Of Staff of the Army evi-
IDENTIFY finds himself compelled to
do the bidding of the union off,
cials who shape national policies for
the administration.
Review Petition Then Pending.
When the clause was interiected
In the proposed contract for trucks.
1t was well known that there was
pending in the Supreme Court
petition for review. If the petition
were granted and the case were to
be argued, it would be a matter of
only few weeks before the validity
OF the National Labor Relations
Board order could be determined.
IT, on the other hand, review was
refused then the Labor Boards order
was instantly effective. It became
not matter of pledge. but of i'm
mediate compliance with an order
of the court.
Thus today the Ford Motor Co.
actually must comply with the law
as the Supreme Court lays it down
and there is really no substance to
the dispute at all because the ma
chinery of the law itself takes care
OF anything or everything that might
be desired in the way of law COM
pliance. But will the War Depart
ment now, upon observing Fords
compliance with the court order.
revoke the contract it has granted
to higher bid than Ford and re-
open bids or will the situation 60
unchanged and other contracts
written so as to include the labor
iokers?
These are matters which concern
the taxpayers who do not wish to
see the spirit of competitive bidding
destroyed by the insertion of clauses
that embarrass the low bidders. If
clause can be inserted requiring a
pledge that a contractor will COM
ply with the labor laws. it might
also be written that he shall have
plant of certain size or that he
shall maintain certain political
afflliation. There is just as much
justification for eXtraneous clauses
on politics being inserted in con-
tracts as on labor. The principle is
identical once the War Department
allows itself to stray away from the
fundamental specifications of COM
modities or articles to be bought.
Other Clauses Possible.
"1t so happens that the Supreme
Court did not pass on the merits OF
the controversy at the Ford plant
relative to collective bargaining.
Denial Of review merely means
that no Constitutional question or
abuse Of the legal process has oc-
CURED. The facts" and the record
as made by the labor board are sell
dom challenged nowadays by review
ing courts, even though the evidence
does not follow established rules In
determining what the facts really
are.
1t so happens. too, that the Amer
lean Federation of Labor publicly
declares that the Ford Motor Co. has
not discouraged collective bargain
ing and the A. F. Of L. claims a !
majority in the two big Ford plants |
The C. I. o. takes issue with that
statement and also claims a ma
jority. Maybe the next move will !
be requirement that clause be
inserted in contracts whereby the
employer promises not only to COM
ply with the law, but to see to it that
there are no labor disputes on as
fantastic basis for a contract as
that which has already forced the
taxpayers to pay more for Army
trucks than was absolutely necessary.