Evening star., 1941-08-19

f,,se tn nav d,,as ~ HI
or maintain David Lawrence.
their membership in a union tt
which they belong is not a CLOSED
shop"-ard Chairman William H.
Davis of the National Defense Me-
diation Board says it isn't-then the
suggested agreement would appear
to be a violation of the Wagner
Labor Relations law.
The Wagner Act forbids an en-
ployer from encouraging or dis
couraging membership in union
or from aiding in any way in the
maintenance of any union but says
that where the employer and union
agree on union membership as a
condition of employment" the con-
tracts are legal.
Heretofore this has been con-
strued to mean that contracts be-
tween employers and unions for an
"au-union" shop are legal. the idea
being that where all workers IN a
plant are members or compelled to
be members of the union there could
be no discrimination problem. The
so-called modification of the CLOSED
shop" which, however, is confined
only to those who already are men,
bers and make them pay dues and
prevents them from resigning from
the union under penalty of dismissal
by the company establishes a dis
elimination in the treatment by the
employer as between union and
non-union members. Such a dis
elimination has never been sane
toned by the Wagner Act and 1t is
not clear what the courts would
rule If the particular point were to
be put before them in a specific
case.
Threat to Minorities.
Thus, if it is legal for majority
of the workers in plant to enter
into contracts with the employer
which discriminate in their favor
and the discrimination is held to
be legal because it is the result OF
a voluntary" contract entered into
between the union and the en-
ployer, the way is opened for partial
closed shop agreements that shut
out minorities altogether from their
rights.
Supposing, for instance, the en-
ployer agrees to discharge any
worker who already belongs to a
union if he fails to retain his mem
bership "in good standing what
ever the Interpretation placed on
that phrase by union officers
happens to be. Then suppose some
one else in the same plant wants to
start a rival union and asks the
employer for the same privileges that
he has been giving the majority in
the plant-namely, the malnten-
ance of the minority's union mem
bership. Would the employer be
violating the Wagner Act If he
signed such a contract and would
he not be equally guilty If he re-
fused to sign?
These fine points, which are the
direct result of the ambiguity OF the
Wagner ACT itself, are hardly the
basis for a governmental seizure of
q plant and the forcing OF any kind
of a closed shop" on an unwilling
employer, but the so-called National
Defense Mediation Board through
Its chairman has actually adopted
such an illogical position, and the
Navy Department. which wants
work resumed on the s493 900 600 OF
naval contracts, is up against
dilemma created almost entirely by
the blundering of another govern
mental agency.
Navy SHES at Offer.
II the Government takes over the
Kearny plant, 1t will be intrest-
ing to see whether the present
owners continue in any position of
responsibility toward the plant. The
owners have offered to dispose OF the
plant to the Navy Department, but
thus far the Government has hesi-
tated 10 take such a responsibility,
for there Is 9 delicate precedent In
the making.
The c, I. Q. union, for instance,
which began the strike, says 1t will
insist on the same terms from the
Navy Department that it has been
demanding from the company. II
this is SO, and the Navy Depart
ment accedes, it means a virtual
closed shop situation throughout the
Government Of the United States,
and the fight by the c. I. o. to
unionize Federal employees and
make them pay higher allegiance to
the orders of union officer than
to their employer-Uncle Sam-will
have been won. Likewise, strikes
will begin throughout the shipbuild-
ing industry to get the new form of
"closed shop" 1t is the entering
wedge TO the complete CLOSED
shop"
Stimulates Strikes.
The Mediation Board already has
stimulated wave OF strikes by its
concession to the G. I. Q. in the
recent coal strike, when it ordered
the Southern operators to surrender
to the G. I. o. on the wage differ
ertial as between Northern and
Southern mines. Now the alumni