Evening star., 1941-11-12

FOLLOWING is an official digest
Of the National Defense Media
t,on Boards decision in the cap
ttDe coal mine case:
The situation may be briefly
stated by saying that all but 10 per
cent Of the annual production of
coal in the United States is under
union shop conditions, and 95 per
cent of the mine workers who pro-
duce coal under open shop condi-
tionS are members of the United
Mine Workers of America. In other
words, for every 200 mine workers
there is one individual who has not
joined the union.
The United Mine Workers stress
the Importance and the desira bility
OF industry wide collective bargain
Ing resulting in a uniform contract
for the whole industry. Collective
bargaining in the bituminous coal
industry has never attained this
level. In 1888 and 1884 the Ap-
pAlachian Conference was estab-
Workers of America bargained with
the commercial operators in the Ap-
palachian area as a unit. The cap
tive mine operators did not enter
the Appalachian Conference. They
have operated under individual con-
tracts with the United Mine
Workers of America since 1888 and
those contracts have not included
the union shop provision. In 1889
the United Mine Workers of America
proposed to the Appalachian Con-
ference and to the operators in
volved in this dispute union shop
agreement.
Penalty Clause Effected
They proposed also to fortify the
no-strike provision of the agree
ment by a penalty clause which pro-
yided that if any mine workers vio-
lated the no-strike rule they would
BE- subject to specified fines. In 1899
the commercial operators. parties to
the Appalachian Conference, chose
TO accept the union shop with this
penalty clause. The operators in
colved in the present controversy
chose TO reject it.
Prom the point of view of the one
individual in 200 who has not chosen
to join the union. in spite of the ac-
tion of the overwhelming majority
OF his fellow workers and the fact
that he enjoys the benefits of the
contracts negotiated and admins
tered by the United Mine Workers of
America at great expense, it is hard
to think Of reason why the in
dividual should persist in refusing
to join the union. These individuals
could make great contribution to
untroubled labor relations in the
coal industry and to the national
welfare in this period of crisis by
voluntarily joining the United Mine
Workers of America. at least for the
duration of this contract.
From the opposing points of view
Of the United Mine Workers and the
captive operators, We are impressed
with the fact that the intensity Of
the dispute and the stubbornness
with which the parties stick to their
positions. in spite of the great emer-
gency that confrontS the country,
seem out OF all proportion to the
minute fraction Of the individual
workers in and about the mines who
have not joined the union. That
arises out Of the inherent nature Of
The question in dispute.
One Question in Dispute.
The only question in this dispute
Is the single question-Whether the
operators here involved vino pro-
duce 10 per cent of the coal in the
United States shall join with the
producers who produce 80 per cent
of the coal in making with the
United Mine Workers an agreement
which requires as condition of en-
ployment membership in the United
Mine Workers OF America when ap-
proximately 95 per cent of the eligi-
bic workers in and about their mines
are already members of the United
Mine Workers 1t is definitely diff
ferent question from a provision for
union security that requires OF an
employe who has voluntarily joined
the union that as condition of his
employment he must maintain men,
bership in that union. A decision on
the facts in this case would not
serve and could not be urged as a
precedent in any industry in which
these peculiar and exceptional con-
ditions do not exist.
The board is not prepared either
10 recommend the same contract in
all other industries. or not to rec
ommend the union shop under any
circumstances. The board in the
future may recommend, as it has
recommended in the past. various
kinds of union security to the par
ticular case. Commercial operat atOrs
and many operators OF captive
mines, who have accepted and oper-
ated under the union shop agree
ment, produce evidence that while
there have been some protests from
individuals, there has been no loss
Of employees and no perceptible det-
rimental effect upon the efficient
operation of the mines. while the
penalty CLAUSE has to some extent,
but not entirely, prevented the in
terruption of production.
From this Immediately practical
point of view, and since the accept
ance OF the union shop provision
in the coal mines is in our opinion
divorced by the peculiar and excep-
tional conditions existing in the
bituminous coal industry from effect
as q precedent in other industries.
1t would seem to be the part of
wisdom for the operators involved
In this dispute to accept the offer OF
the United Mine Workers with its
added assurance of full and unin-
terrupted production at the mines
throughout the period OF the con-
tract.
Want Definite Decision.
The extended discussion before
the Mediation Board has not. how
ever, succeeded in bringing about a
voluntary acceptance of this pro-
vision. Both parties to the contro-
versy want the issue squarely de-
eided by the National Mediation
Board.