Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-06-11

trict of Columbia which reveals bet
ter than any other documents of its
kind why industrial unrest is TO-
mented and why violence is bred
In industrial disputes.
Judge Stephens did an unusual
thing. He read word for word the
lengthy stenographic record of a
case before the National Labor Re-
lations Board and then he pro-
ceeded to disclose its errors. 1t re-
quired II printed pages amounting
to about $4,000 words to make a
complete analysis of the abuse of
power by the Labor Board counsel
and It's examiner.
Unfortunately, two judges rubber
stamped the Labor Boards ruling
In few pages of a ajority opinion,
but Judge Stephens felt it desirable
to call public attention to the fla
grant mishandling of litigants be-
fore the Labor Board examiners.
Judge Stephens was formerly an as
sistant attorney general and was ap-
pointed to the bench by President
Roosevelt. He is one of the ablest
OF the Roosevelt appointees and also
one of the most independent.
Sees Blow to Cooperation.
Judge Stephens declares that the
Labor Board mistakenly CONSTITUTES
the law in such a way as to con-
denim friendly cooperation, normal
relations and innocent communica-
tons between an employer and en-
ployes," that the board denies to
employers in contravention of the
first amendment to the Constitu-
ton, freedom of speech and that
freedom of expression concerning
the merits of labor disputes and
organizations which has been recog-
nized by the Supreme Court as
guaranteed to employees"
He points out that the board vir-
tually forbidS an employer TO par
ticipate with citizens and public
officials in efforts to preserve law
and order and restraints an employer
from obtaining information for the
purpose of aiding in the protection
OF employees and property against
violence. He calls attention, more
over, to the practice of the board
which, in effect, requires employees,
II they are to be organized at all,
to join a national union on the
theory that the Wagner Act con-
dennis local unions as such.
Since labor leaders today know
that they have the Labor Board
and It's examiners behind them and
that the courts under New Deal
domination will uphold arbitrary &C
ton on the ground that judicial
review of the board is restricted,
there is an open invitation to the
exploitation of workers by their Off
GERS. Organization of rival unions
Is as difficult as withdrawal from
membership. Blacklisting, threats
and coercion can be applied to the
workers so that the democratic
principle supposedly espoused in the
Wagner Law itself Is viciously dis
regarded.
Defer Sound Relations.
II the courts do not penetrate
the numerous cases in which en-
pfoyers as well as employees are in
tured by the improper interpreta-
ton of the Wagner Act, there will
be little opportunity to build up
sound relations between employers
and employees, and strikes will be
the rule rather than the exception.
National defense requirements TO-
cus attention now on difficulties ex-
perienced by employers with unions,
but reading of the dissenting
opinion of Judge Stephens reveals
how tyrannical Government agen-
cies have become and how some of
the judges, taking their cue per-
haps from the Supreme Court. are
refusing to examine the evidence
and reverse the findings of the
Labor Board and its examiners.
Some extracts from Judge Ste
phens' opinion follow:
TN one instance, the examiner at
tempted to get witness to supply
word in his testimony which would
be prejudicial to the petitioners
case. Often, counsel for the petit
TONERS were obliged to interpose
objections to the examiners ques-
tons and the examiner was then in
the position of being obliged to pass
upon the propriety of the very oues-
tons which he himself was ask
ing '"'
That the examiner in this case
was partisan, anxious for the sue
cess, and actively aiding in the de-
velopment of the boards case, I am
with regret obliged to conclude"
Records No Dissa
Discussing the employe repre-
sentation plans of the employees of
the Bethlehem Steel Co, Judge
Stephens declares that the record
discloses no evidence of dissatisfac-
ton by the workers and no election
by the employees to determine
whether they desire to perpetuate or
discontinue such plan. Failure
to provide for an orderly election on
this point caused riots In the
Bethlehem Steel plants few
months ago. Says Judge Stephens:
Certainly the primary purpose of
the National Labor Relations Act
was to make the will of the employees
the sole criterion for determination
of the character of their labor or
eanization and collective bargain
ing arrangements. The premise OF