Evening star., 1942-03-03


will materially David Lawrence.
change the conceptions which have
prevailed heretofore as to the man
ner in which the Wagner Act al
legedly sanctions the closed shop.
Rendered by Judges Denman,
Mathews and Stephens, the decision
constitutes a milestone in labor re-
lations litigation and may conceiva-
bly, do much to prevent the closed
shop issue from being raised as
often in tthe future as it has in
the past. Judge Denman, who wrote
the opinion, Is an outstanding lib
eral and was appointed to the bench
by President Roosevelt. He has been
mentioned from time to time for
possible appointment to the Su-
preme Court.
Judge Denman rules that just be-
cause q union has a majority in a
plant and claims the right to bargain
collectively by reason of an election
or designation through member
ship cards, the same union commit
tee or organization does net neces-.
sartly possess the right to bargain
specifically for a closed shop. To
make q closed-shop agreement. the
court says, and to have 1t recog-
nized as not unlawful under the
Wagner Act, it Is necessary fO the
workers specifically to authorize
their bargaining representatives on
that very point.
Two Bases for Opinion.
This view Judge Denman derives
not merely from a reading Of the
text Of the Wagner law. He says
that even II the plain words of the
act did not require it, "a considera-
ton of the many different objectives
for which laborers may self organize
-necessitats such a construction" OF
the lsv. He declares:
"It is therefore necessary that
In proceedings before the National
Labor Relations Board, the party
having the burden of proof of a
closed-shop agreement must show,
as at the time such contract Is
made, either Cd that a specific
designation or selection has been
made by each laborer in the claimed |
majority, Of the union as his agent |
for such bargaining, or CD that |
he is member Of an organization
having a membership Of the ma
jority of the employees which is
created as an agent Of its members
to bargain for a closed shop, and
that when he joins, ipso facto, he
has designated or selected it to
be such agent, and that his men,
bership continued up to the time
the closed shop contract was made"
What the foregoing really estab-
fishes is that while worker may
designate a union to bargain for
him with respect to wages, hours or
other working conditions, he does
not automatically delegate to some
one the right to make a contract
whose provisions may cause him to
be dismissed from his job by the
employer. He may actually wish to
make the union his agent for the
conclusion Of such a contract but
he must do it with his eyes wide
open and must actually sign some
document somewhere along the line
which specifically authorizes the
union to make such a contract.
Degree ON Sanction Given.
The idea that there must be
individual authorization before a
maintenance of membership" agree
ment can be made to bind indi-
vidual members of a union recently
was given certain amount of sane
tion by the National War Labor
Board, headed by William H. Davis
It Is called a voluntary" clause
governing maintenance of member
ship but it is significant that the
War Board insisted that the workers
themselves must agree to the union
security" provision by specific indi-
vidual authorization,
1t would appear, therefore. that