The Waterbury Democrat., 1941-10-21

The immediate facts which give rise to the issues are found In the recommendation Of the National Defense Mediation Board in the cases of the North American Avia- ton Company of Los Angeles, Calif., and the Federal Shipbuilding and Dry Dock Co. of Kearny, New Jersey, as well as in numbers of others.
 The government took over the ownership of the Federal Shipbuild- ing and Dry Dock Go. under an ex- ecutive order of August 2Srd. The Federal Attorney General, MT. Jack son, stated that this was done under the aggregate of powers" given to the President by Congress to date AS the Aggregate" of these powers now covers some one hundred url- named acts, 1t is impossible for us to analyze them and state which specific powers were here involved.
 The action of the government in the Kearny case was parallel to that adopted three weeks earlier of the North American Aviation co. of California. In this case the govern ment temporarily took over the dr. ection of the Company during a strike and later returned 1t to It's owners, subject to acceptance of @ labor policy recommended by the National Defense Mediation Board, to wit: that any employe who was a member of the union must continue to pay his dues to such union and remain in good standing or be dis. charged by the employer. This is called the "rnion maintenance" or modified closed shop" agreement. Tn this case the clause was made re- troactive and included 200 employees who had resigned but had been members of the union prior to the time the case was certified to the Board.
 The Federal shipbuildlng and Dry Dock Go. was organized under Q 0. I. O. union. It was one of 33 unions in 55 shipbuilding plants in the East which had signed Q no-strike and no lockout contract to last for two years from June 9, l04l. Six weeks after the conclusion of this agree ment a strike was called in violation of that contract. When the company and the union failed to reach an a. greement and when the National Cancellation Board under the direc- ton of the Department of Labor al- SO failed to settle 1t, and had cer- titled this strike to the National De- fense Mediation Board, 1t made rec commendation similar in form to that made to the North American Aviation O., guaranteeing the main- tenance of the existing union by re- curing that any member of the union who failed to pay his dues or to remain in good standing with the union should be discharged by the employer.
 The Company declined to accept this recommendation. No other is- sues were at stake, they already hav- ing been settled by previous agree ments. Notwithstanding the fact that a no-strike agreement was then in effect between the Union and the Company, the stoppage of work on defense contracts continued. The Company based its refusal to accept the recommendation on the grounds that 1t could not conscientiously a. gree to dismiss old, efficient and proved employees because of their failure to pay dues to particular union. It insisted that the only test of employment should continue to be the ability of the workmen, ir- respective of membership or non- membership in any organization. The contract which the Company de- clined to accept was an agreement to discriminate between union and those who had ceased to be union members. Its effect and intent was (l) to place the control of labor over the eastern shlpbuilding area in the hands of the leaders of 6 certain union; CD to guarantee the pay- ment of the dues of union members and hence the salaries of the lead- CTS and the security of their posi- tions: and (S) to pave the way for the closed shop.
 The National Labor Relations Act called the Wagner Act, requires that no employer may discriminate against an employe because of mem. bershlp or non-KInembership in c union except that he may enter inte q closed shop contract with duly authorized majority unions.
 The attorney for the National xa' hor Relations Board has wath tns