Evening star., 1942-08-01

law IN accepting
Labor Board David Lawrence.
order were turned down cold.
Many Well-informed lawyers feel
that the War Labor Board has been
proceeding in violation of the Wag-
ner Labor Relations Act in ordering
employers to furnish financial aid
to labor unions and in ordering en-
ployers to discriminate as between
union and non-uniOn members.
Certainly whenever there is a
serious question Of law violation.
it is not in accordance with Amer
lean tradition for any governmental
agency to order that the law be in
effect disregarded. Yet that is what
presumably has been done in the
cases of the Inland Steel Co. and
the youngstown Sheet and Tube
Co, both Of which were ordered
by War Labor Board decree to estab-
lish checkof of union dues and a
maintenance f-membership clause
that requires dismissal of union
members who do not pay dues.
Agree Under Duress.'
The Wagner Act permits closed
shop contracts to be entered into
between employers and labor unions
as a voluntary matter. The War
Labor Board says that maintenance
If hprcljn wit u ~,
permission OF the Wagner Act and
hence that such a clause does not
violate the law. But the Wagner
Act forbids employers to dismiss
members because they belong or fail
to belong to labor unions The
statute permits an exception only
when employers and unions enter
into voluntary arrangement con-
cerning it.
The formal statements by Inland
and Youngstown declare that they
do not voluntarily enter into such
agreements and are doing so under
duress" This is tantamount to say
ing that they do not consider that
they are making a contract such as
is exempted under the Wagner law.
To make absolutely sure that all
interests would be protected, the two
employers proposed a court test.
Certainly nothing would have been
lost by waiting a few weeks till a
Federal court passed on the issue,
both parties, meanwhile, without
prejudice, maintaining the status
quo. But the War Labor Board
refused to consent to such a pro-
cedure and in effect insisted that its
word was law no matter what other
statutes were contravened.
The National War Labor Board it
self was not created by Congress,
whereas the National Labor Rela-
tions Board, which enforces the
Wagner Act, was established by the
Congress with explicit powers and
provisions for appeal to the courts
Thus in effect governmental regula-
ton Of the most important kind Of
problem in -employer-em
ploye relations-is being carried on
by executive fiat and by the dictator
ship of single Government agency
that has no specific statutory au-
thority of its own and no right to
supersede by its orders any statutes
that conflict with its orders.
Not New Issue.
The issue is not new. 1t was pre-
sented last year by counsel for the
United States Steel Corp. in the case
of the shipyard at Kearny, N. j.,
seized in pursuance to a recon-
mendation of the old National De-
fense Mediation Board. which also
had no statutory position. When the
question arose then, an informal or
personal opinion was given by the
general counsel of the National
Labor Relations Board, saying he
didn't think the Wagner law was
being violated but conceding that
no parallel case had ever come be-
ample time, therefore. to resolve this
issue but the administration has
evaded the matter
The issue of compulsory union
ism making worker remain in a
union or else lose his job-goes to
the root Of human liberty. Under
Fascist or Communist system the
worker can be compelled to accept
orders Of the State without recourse
to courts. Apparently compulsory
allegiance to labor unions. which are
in no sense regulated by Govern
ment but are governed by private
citizens, is to become prerequisite
to holding ones job long after the
worker is dissatisfied with his mem
bership III labor union.
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