Evening star., 1942-04-27
The Keurny Decision


factors In the case, the National War
Labor Boards decision to grant
union security TO c. !. o. union
at the Federal shipbuilding g. Dry
Dock Company seems to be reason
able compromise OF difficult issue.
This dispute, which has come to
be known as the Kearny case because
of the yards location at Kearny,
N. j., has long been a troublesome
one. Last August, after the shipyard
management had refused to accept
similar union security" recommen-
dation by the old National Mediation
Board, the yard was taken over by
the Government on order Of the
President. In January, however, it
was returned Internationally to pri-
vate management, and since that
time ell efforts 10 compose the diff
ference between the union and the
company have proved unavailing.
In this latest attempt at settle
ment, the War Labor Board divided
eight to four, the employer members
dissenting from the decision made
by the labor and public members. 1t
does not appear, however, that the
two groups are very far apart in
their views.
The union In this case has relin-
quished Its right to strike, and, as
the excellent production record Of
the yard shows. the men have CO.
operated fully with the management
In getting ships built. Having vol
unfairly given up its right to strike,
however, the union contends that it
is entitled to some formula designed
to maintain its membership and pro-
tect its position. In this connection,
1t may be taken for granted that q
union, once 1t definitely abandons
use Of the Strike eapon, would suf-
fer some impairment of its position
thrpugh declining interest on the
part of It's members. -
It was in these circumstances that
the board granted the security
clause. Under It's terms, all union
members in good standing on the day
that the company signs a contract
with the union, or workers who vol
unfairly join later, must remain in
good standing or, as an alternative,
must pay dues to the union for the
duration Of the contract as condi-
ton Of employment. 1t should be
noted that under this provision any
union member desiring to do so can
put himself beyond the reach of the
clause by withdrawing from the
union before the contract Is signed.
Thus, 1t is clear that no employe is
compelled to join the union, and no
present member. so far as the clause
Is concerned, need remain a member
unless he desires to do so.
The minority members of the
board also declared themselves in
favor of union security, but would
have stipulated that employees GER
tify in writing their willingness to
remain union members, or that all
employees, after the signing of a con-
tract, be given a definite opportu-
nifty, within a stated time, to resign
from the union. From this it ap-
pears that the employer members of
the board, while not averse to grant,
ing union security with respect to
employees who definitely want to
), remain members of the union, would
prefer that more specific opportu-
nifty to resign be given those who
might desire to escape the effect of
the clause.
Thus, there is a difference of
degree-though not a grea. one
between the views of the majority
and the minority. Under all the cir
cumstances. however, and particu-
larry In the light Of the Nations
desperate need for ships, it can
hardly be said that the wartime
formula laid down by the majority
of the hoard is an unrea Sn0ahlp one