Evening star., 1941-08-11

CloStu ollOP
basis?
These three issues are inSeparably
interviewer in the way the strike
is settled at the Kearny IN. j. plant
of the Federal Shipbuilding and
Drydock Co., which has Govern
ment contracts for warships and
construction amounting to more
than S493,000,000. The c. l. o. is
insisting on a CLOSED shop" through
an agreement whereby the employer
agrees to fire any worker who doesn't
remain a union member in good
standing. The Wagner law says
1T shall be unfair labor practice
for an employer to dominate or
interfere with the formation or ad-
ministration of any labor organlza-
ton or contribute financial or other
support to it." The employer Is
further forbidden "by discrimination
in regard to hire or tenure OF en-
ployment or any term or condition
of employment to encourage or dis
courage membership in any labor
organization"
But the foregoing has an im-
portant exception to it in that the
Wagner law says that nothing in
this act or in any other statute
of the United States, shall preclude
an employer from making an agree
ment with a labor organization (not
established, maintained or assisted
by any action defined in this act
as an unfair labor practice) to re-
uuire, as condition of employ
ment, membership therein, if such
labor organization is the repre-
sentative of the employees in the
appropriate collective bargaining
unit covered by such agreement
when made"
Voluntary Contracts.
This last provision was adopted
so as to permit employers acd
unions to enter into voluntary con-
tracts which would close out the
plant to any non-union members
or would maintain existing union
relationships irrespective of new
workers. Various forms of CLOSED
shop" agreements are n existence
and the kind being sougnt in the
Kearny IN. j. strike parallels
many others of the same type that
have been granted usually by the
volition of the employer.
The Supreme Court of the United
States has never ruled specifically
on the constitutionality of CLOSED
shop" agreements and many of the
States consider them illegal. The
Wagner law is the first Federal
statute which undertakes to legal
ize CLOSED shop" contracts but the
Supreme Court has never passed
on this particular provision of the
Wagner law.
The Labor Board, however, has
ruled in many a case which in turn
has been upheld by the Supreme
Court that a contract entered into
between an employer and labor
organization may be inquired into
by the board to determine whether
any other factors were present in
the making of the agreement which
might cast doubt on the validity
of the contract. Thus it has been
ruled that 'friendliness" between
an employer and a union which
preceded the making of a "closed
shop" contract would seem to in
validate the agreement. Indeed,
collusion between the employer and
a friendly union to establish
closed shop contract has been held
to be an unfair labor practice, too.
All in ALL there is no doubt that
the Labor Board and the courts
have seen fit to look into the back
ground of contracts entered into be-
tween unions and employers where
by employees who do not belong to
the union may be fired and dis
eliminated against because they do
not join the dominant union.
Big Responsibility.
iC fInrnfNrn IN r1JI1iNto
the Government itself is saying to
an employer that he must accept
under duress the proposal of a
contract providing for form of
"closed shop" 1t he does not, the
Government will take over his plant
and operate it. But will the Gov
eminent undertake to compel work.
ers to remain in good standing in
the union to which they have be-
longed? Evidently the C.: I. o.
thinks so for one of its executives is
clamoring for the Government to
take over the plant with troops.
Would not then discharged en-
ploye have the right under the
Wagner Act to ask for back pay
and reinstatement if he can prove
that the agreement between the
employer and the union was not q
bona f1de voluntary contract but
a shotgun contract? Would any
court hold that an employer, forced
by military pressure to sign a con-
tract, was entering into an agree
ment of his own free will?
1t Is tremendous responsibility
for the administration to assume
for 1t affects the open and closed
shop issue fundamentally. And If
the Government affirms and grants
a monopoly to the existing union
and requires the employer to help
the union keep its numbers, Will
such a monopoly be continued fol
any length of time without gov
ernmental rules and regulations:
Thus what is meant by member
ship in good standing?" What pro.
lection has the worker against th'