Evening star. [volume] (Washington, D.C.) 1854-1972, 1942-11-12
WlB Panel Supports
Right 10 Adjudicaie
City EmpIoye Strikes
Recommends That Newark
Reinstute Employees
Involved in WuIkout
BY OLIVER MCKEE.

BY OLIVER MCKEE.
The War Labor Board has juris-
dlction over all labor disputes. in
GLIDING those involving municipal
workers, under the wage-stabiliza-
ton order Of October 3, a mediation
panel ruled today.
The contention was made by the
panel in recommending that the
WLB relnstate IS employees of the
Newark IN. j. department of public
works. who were discharged last
month after a six-day strike of 400
municipal workers.
The majority report was signed by
Alexander Hamilton Frey, represent
Ing the public, and Milton MURRAY.
representing labor.
Sharply dissenting with the ma
1ority over the question of the
boards jurisdiction, George K. Bait,
employer member OF the panel, de-
clared that the case before the board
involves basic principle of whether
or not Government employees have
the right to strike" 80
To admit that union of public
employees has the right to strike
and picket a public enterprise" he
warned, would be to pass control
OF Government from the voters and
their elected representatives into
the hands of union officials"
. Out Six Days.
The strike of the Newark workers
began October l and was called off
October 6 when the War Labor
Board. on recommendation of Gov.
Charles Edison of New Jersey an
nounced that it had taken jurisdic-
ton, and would review the case
promptly on condition that the
strikers return to work at once.
All of the 400 strikers reported for
work on October 7, when the IS, in
Guiding most Of the officials of the
State, County and Municipal Work.
ers of America (CIO) Local, were
refused reinstatement.
Joseph M. Byrne, jr., director of
the Department of Public Welfare,
according to the panel majority, ex-
planned that these IS were denied
reinstatement because they were be-
lieved to have been guilty OF "viol-
lence or threats"
This may be fact, but it would
be difflcult to convince an impartial
jury, and impossible to convince the
rank and file of employees that no
anti-union activity was intended"
1t said. Accordingly we believe that
this selection of discharge is
primae facie indication of anti
unionism which ought to be
semedied.
Claims Jurisdiction.
eve believe that If the War Labor
Board, as in this case, informs
workers on strike that it will in
vestigete the merits or dement's of
their dispute with their employer
only if they will at once return to
work, this duty imposes on the en-
ployer as we'll as the strikers to
restore the status quo ante strike,
and maintain this status during the
period Of the boards Investigation
and consideration of the matter"
On the question Of the boards
jurisdiction, the majority stated that
activities Of municipal employees are
Just as intimately connected with
the war as those of other employees.
and dissatisfaction arising
but Of the terms and conditions of
among municipal en-
ployes can hamper the successful
of the war" it said.
1--WE condemn strikes in wartime"
the report declared. 1--WE condemn,
as severely as we do strikes, activi-
ties in wartime by employers that
are reasonably calculated to provoke
strikes and we believe that the con-
sistent refusal of Director Byrne to
have any dealings with the repre-
sentatives of his employees union
was at least provocative
The panel majority also recon-
mended that the City of Newark be
directed to recognize the union as
a representative of its members and
that the parties be ordered to nego-
tiate a procedure for the settlement
OF grievances. If the parties are
unable to agree, the report suggested
that the mater be returned to the
board, for settlement of disputed
questions of wage adjustments and
overtime pay.
The Newark municipal workers
strike, Mr.. Bait asserted, involves
a basic principle of whether or not
Government employees have the
right to strike and whether or not
shey, as employees, come under the
of the War Labor Board
in the same manner as do all indus
trial employees.
This case may be the first of
many like cases to occur in Ameri-
can public life during the present
and as such, the han
ding of this particular case will set
= precedent or pattern for further
cases to follow in every part of the
he warned.
workers have right to be heard
no matter under whom they may be
and they have right to
appeal for redress OF grievances,
but they have no right to enforce
their demands while engaged by
by other than the al
ready prescribed methods. To adj
nit that union Of public employees
has the right to strike and picket
public enterprise and forcibly pre-
vent others from carrying on vital
public service would be to pass con-
troll of government from the voters
and their elected representatives
into the hands of union officials"
Continuing Business.
Mr.. Bait said that the board
should deny jurisdiction in all gov
employee cases but
d. ould clearly state for the benefit
NJ rovnr,, ~ ant rf3r 1c uyhof Sc nv.