Evening star., 1941-06-12


pay will have to David Lawrence.
be given to the strikers who are
dismissed.
Theoretically, the aviation plant
and organization is not Govern
ment property. Neither is the Army
really OCCUPYING the role of manage
ment because, according to official
word here, the War Department
is merely the custodian" of the
property. This makes the Army's
position analogous to that of re-
ceiver in a corporation.
The Government itself does not
have to obey the Wagner Law, hav-
ing been specifically exempted, but
1t is technical question whether
the aviation workers are actually
workers for the Government at
the North American plant or for
the private employers. The pay
rolls are presumably those of a pri-
vate corporation.
But it does seem awkward for
the United States Army to be able
to do things which the ordinary
employer cannot do. All employers
should have the same privilege if
they are working on defense con-
tracts. Will the Army's action
subject the employer some day to
arbitrary charges and suits be-
cause of what the Army has done
tn behalf of the employer this week
In handling the strike?
Law Remains Unchanged.
Clearly, the use of force directly
or indirectly to interfere with the
collective bargaining process is
violation of the Wagner Law. There
Is no statute which authorizes the
Army to operate a plant in behalf
of an employer merely because he
has become involved in a labor
dispute. The broad ground that con-
tinued operation is necessary in the
public interest may justify morally
seizure of the property, but it would
hardly justify legally a disregard
Of the provisions of the Wagner Act.
Some day the employees who are
fred may have case for back pay
because the employer will BE alleged
TO have conspired to bring the
Army into the picture to prevent
the normal negotiations and strike
process from being used. This may
seem like an extreme application
Of the existing law but the fault is
with Congress, which refuses to
prohibit the National Labor Rela-
tions Board from writing whatever
1t pleases into the Wagner Act.
Employers today can find them
selves in a fix as result of the So
called unfair labor practice strike
doctrine" often applied by the Labor
Board. In the case of a strike
caused or prolonged by practices
determined to be unfair labor
practices" reinstatement is usually
ordered and back pay must be made
as rule from the date of the en-
ployer's refusal to displace new
employees and reinstate workers on
their request to the time the Labor
Board issues an order for REIN
statement
Labor Board Sole Judge.
When there is discrimination In
the selection of workers to refill
Jobs, there are severe penalties in
volving payments of back wages.
Reports from Los Angeles are not
clear as to just what the reasons
we're either for refusing to allow
certain workers to return or for
the dismissal of some who did re-
turn but who were supposedly guilty
of "insubordination." The Army
officers will have to learn that
there is no such devise permitted as
"insubordination" or the dismissal
of a "troublemaker." This is
particularly protected by the Labor
Board, supposedly under the powers
of the Wagner Act and, what Is
more, the Labor Board now Is the
sole Judge of these matters. Re-
view by a court is limited only to
broad questions of law and not to
questions of fact.
II the labor board by its find
ings" says a worker was wrongly
dismissed for INSTRUMENTATION re-
lated to strikes or labor matters
that ends it. The employer may
offer plenty of evidence to the con-
trary, but the Labor Board can lg-
more 1t and, as is revealed in Judge
STEPHENS dissenting opinion in the
Bethlehem case, both the Labor
Board examiner and counsel often
disregard evidence and put their
own bias into the findings" which
are subsequently upheld by the
board itself and usually held by
the New Deal Supreme Court as
not subject to review at all.
The Army officers at North Amer
lean Aviation plant certainly are
the envy of many employers, fol
there is no doubt many a company
manager who would like to dis
miss Communists and others plain
ly related to subversive activity. But
under the Wagner Law and Labor
Board rulings, the employer is guilty
almost before evidence is taken
Most employers give it up ir
despair.
The consequence is the kind ot
labor trouble the Nation is now ex.
periencing. Revision If not repea
of many Wagner Act provision'
would seem to be the logical solu'
ton to the problem.
Reproduction Rights Reserved.)