Evening star., 1941-11-12
Texts of Coal Ruling, Murruy-Kennedy Resignation

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assurance in most positive terms
that they are not now opposed TO
and do not intend to oppose the
voluntary growth of union MEM
bership at their mines. and they
point out that the history OF the
growth of the United Mine Work
ers in recent years and the figures
submitted to us showing substan-
TALLY complete union membership
at. some OF the mines. show that
the United Mine Workers are in
no need of any assurances OF Secu-
rity. They take the position. in
other words. that the special and
particular facts adduced in these
proceedings show that the union
shop is not really needed by the
Uniteu Mine Workers of America.
1t is clear that so long as the
Wagner Act remains in force many
of the things that were done in
opposition to the United Mine Work
ers of America in 1920 cannot be
done again. The possibility that
these provisions of the act will not
remain in force is too remote. in
our opinion, 10 be given serious con-
sideration. In any event. such a
reversal of national policy would
surely sweep away the union shop
Avoids Federal CompulSion.
The Wagner Act declared that an
employer shall not be precluded
from making an agreement with q
lawfully selected or designated labor
organization Ito require as condi-
tlon of employment membership
therein" Thus the closed or union
shop in private industry is not pre-
cluded by the Wagner Act and
closed or union shop agreements
exist in great numbers in great
many industries. in addition to the
80 per cent of the bituminouS coal
industry. But the clear consensus
of the discussion of the Wagner Act
was that such labor agreements
should be arrived at by collective
bargaining. with full retention OF the
right to strike-not by governmental
compulsion
If further postponement, for the
duration Of the emergency, OF
demand for the union shop in that
10 per cent of the industry involved
in this dispute would seriously I'M
pair the security of the United Mine
Workers. we would not be prepared
to recommend that the United Mine
Workers should waive the union
shop in these captive mines at this
time
But we do not believe that the
signing of the union shop agree
ment by the operators involved in
this dispute is necessary TO the
security of the United Mine
Workers. The reason given by the
United Mine Workers for raising the
issue now is that in 1899 they
were not strong enough to raise
the issue. but they are strong
enough now That added strength
has been built up in the face of the
very conditions which are now said
to threaten the security of the
union.
Union Able to Expand.
But the final and determining
consideration. in our opinion. is that
the past performance OF the United
Mine Workers indicates very clearly
that they are we'll able by them
selves to complete the full organiza-
ton Of the bituminous coal industry
and the mature development of in
dustrial relations in that industry. II
their efforts to do so are not inter
fered with by management. And We
are convinced that a hundred per
cent organization voluntarily ar
rived at through the efforts of the
United Mine Workers themselves
will be very much more able to re-
sist the stresses OF any period of
depression or any attack that may
occur in the future than if the eff
forts of the United Mine Workers
were now buttressed by the aid of
Government agency. or the goal
achieved by interrupting defense
production.
On the other hand. if the United
Mine Workers are protected by ade-
quate assurance that the present
attitude of the operators OF no op-
position to the voluntary growth OF
union membership at the mines viii
not be departed from, and if in
support of the national defense
which is essential to the preservation
of those fundamental rights. with
out which the United Mine Worker,
could not exist. they now decide tC
suspend for the duration of the ma
tional emergency their unquestion-
able right to match their economic
strength against that of the opera
tors of these mines by refusing tc
work with non-union workers. ther
it seems to us reasonably clear that
their decision would greatly
strengthen their position before the
people Of the United States. that ir
this emergency period they would
be able to continue as heretofore tc
extend the voluntary membership OF
their organization, and that they
would erect the most effective pro.
lection against destructive forces Of
reaction that could be thought Of.
Minorifv Onininn ~