Evening star., 1941-09-04


National Labor Relations Board and
the Federal courts have told en-
ployers that they must not by word
or act express themselves in favor
Of any particular union or do any,
thing to influence workers to join
or refrain from joining labor
union.
But the National Defense Medi-
alton Board as a means of settling
a dispute in shipyard has sane
toned the signing of contract in
which the employer has agreed to
say publicly:
THE company looks with favor
on its employees becoming members
of the unions, parties to this agree
rient."
This is much weaker clause from
the standpoint of union mainte-
nance than that which the Media
ton Board endeavored to force upon
the Federal Shipbuilding and Dry
dock Co. at Kearney, N. j., and does
not involve any closed shop or modi-
fed closed shop. But it does plainly
express an employer preference for
the existing union, something which
Is not only expressly forbidden by
the Wagner Act, but which has been
the basis for scores Of unfair labor
practice charges against employers
whenever such views have been
communicated to the workers either
directly or indirectly. The records
OF labor relations cases in the last
few years are literally full of such
tndiscretions on the part of en-
ployers and now the National De-
fense Mediation Board suddenly
legalizes or at least approves Of the
procedure and asks that 1t be en-
bodied in a contract.
Borders on Chaos. q
There were no peculiar circun-
stances present in the Galveston
case which were not to be found In
the Kearny case and yet In the latter
the management was deprived of a
valuable property because the Medi-
alton Board went farther and in
sisted that the employer must main
tain memberships for the union by
threatening to discharge employees
who didn't pay their dues,
In the Kearny case the employer
had already signed a year ago a
contract recognizing the urfon as
exclusive bargaining agent. Under
the terms OF the contract the COM
pany was required to present each
new employe with copy of the con-
tract which contained a statement
to the effect that membership or
non-membership In union was not
a condition of employment, that no
other bargaining agent would be
recognized and adding that the
management requested the employe
to examine this contract carefully"
The foregoing was an effort to
indicate to new employees the exact
status Of the company's relation
with the union but it was safe
guarded against charges of favorit-
ism by the clause which declared
that membership was not a condi-
tion OF employment.
AS matter of fact a valuable
property has been taken away from
a competent management by the
administration and conditions In
Eastern shipyards have been pre-
cipitated which border on chaos
In union relationships just because
the National Defense Mediation
Board does not know as much about
the Wagner Act as does the N. L. r.
3. Had President Roosevelt ap-
pointed some one from the N L. R.
B. 10 sit on the Mediation Board
In q position of responsibility the
Kearny debacle probably never
would have happened. The New
Deal has often been criticized for
disregarding men of experience but
this usually has been associated with
failure to intrust responsibility to
businessmen. In the present in
stance the fault arises In failing
to use the experience of men ap-
pointed by the New Deal who In
the past have adjudicated thou
sands of disputes that have de-
veloped under the Wagner Act.
The recommendation of an en-