Evening star., 1941-10-25

labor relations
law &~a
If Pre- ident David Lawrence.
Roosevelt had a part in this con-
clusion. he, too, merits the praise of
his countrymen for having taken the
tangled labor situation that resulted
from the Inflated Kearny IN. j.
ruling out of the realm of enforced
arbitration and for placing it now
in the category of voluntary action
The Wagner law says a closed
shop is neither prohibited nor sane
toned by the terms of the act, but
that when closed shops are the re-
suit of voluntary agreements be-
tween employers and employe Or
ganizations, they are not violations
OF the statute.
The Defense Mediation Board
states now that it is willing to act
as board Of arbitration, but that
both sides must agree voluntarily to
submit the issue and to agree in
advance to accept the recommended
tions of the arbitral body.
Stands on Terms of Law.
This is the correct procedure.
What is gratifying is that the Medi-
alton Board takes its stand squarely
on the terms of the Wagner law,
and significantly quotes from con-
gressional debates preceding passage
of the act in order to show that
closed shops cannot be regarded as
legal if forced on employers. In
deed, in some States, even strikes
with the closed shop as the objec-
tive have been regarded as illegal.
Certainly governmental agency
can hardly be in the position of vio-
lating the Wagner law by changing
the word voluntary" to read in
voluntary"
This correspondent has main
tanned from the outset that not only
was the Defense Mediation Board
wrong in allowing the closed shop
issue to come before it as a subject
for mediation, but that the mainte-
nance membership form of agree
ment is kind of discrimination
which violates the Wagner law
This latest ruling would seem to
indicate that disputes over the
closed shop issue alone will not come
before the board for so-called rec
concentrations" again during the
present national emergency unless
both sides to such disputes agree in
advance to accept arbitration by the
board itself.
The ruling clearly reveals that the
board does not regard itself as
final arbitration board and that it
will act as such only if the parties
wish it so.
Sought Wedge.
Where does that leave the coal
situation and possible strike there
In? The Mine Workers Union. as
the Mediation Board wisely point
ed out, has 95 per cent of the work.
ers IN the so-called captive mines
on the union membership list, so it
was hardly to establish the unions
dominant position that the closed
shop demand was made. 1t was be-
cause these captive" mines are
owned by steel companies which do
not have the closed shop in their
mills. The C. I. o. strategists plain
ly wanted to get the Government
to sanction a closed shop in the
captive coal mines in order to use
II as a wedge to compel acceptance
OF the closed shop by the entire
steel industry.
The steel men might have no OBJ
lection to the complete unionization
OF their coal mines if they could be
sure the advance would stop there.
To show their good faith, the own
ers OF the captive mines agreed to
each provision of wages and work
Ing conditions which the CONNER
cial operators of coal mines had
previously agreed upon with the
Mine Workers Union. 1t was the
closed shop issue alone which re-
manned.
Now John L. Lewis as the head
OF the miners union has his choice
of calling general coal strike, in
cluding not only the mines owned
by the steel companies but the
mines separately owned, which are
In no way responsible for the pres
ent issue because they have ac-
cepted the closed shop, or else he
may agree to continue negotiations
as suggested by President Roose-
self.
Handled With Tact.
The President handled the mat
ter tactfully so as to avoid a direct
recommendation for or against the
closed shop. The Mediation Board
chairman, Mr.. Davis, and Sidney
Hillman, in charge of o. P. M. labor
policy, conferred with MIR. Roose-
welt before the announcements Of
administration policy were made.
The statements issued were we'll
done from a face-saving viewpoint.
They made it possible for direct ne
eATucD lnuN'c Ncnln1NE