Evening star., 1942-05-13

the COuI Us Dy $$*3$ 3s$$$8533288888&#
revealing h '
checkoff to be $S ;'1y
a device that
interferes with @
the individual David Lawrence.
freedom of the workers.
1t may not be generally realized,
but Congress actually has prohib-
tied the checkoff on the railroads
of America since 1884, and that
same statute-the National Railway
Mediation Act-also forbids the
closed shop. This law has often
been lauded by both employers and
unions as a model statute in labor
relations.
A case arose In 1896 between the
Brotherhood of Railroad Shop
Crafts and the Rock Island Rail-
road because of contract between
the union and the railroad which
antedated by many years the pass
age of the statute in 1884. The
union claimed that Congress could
not set aside the contract. The
railroad, through its attorneys, said
1t was not concerned with the con-
stitutionality or unconstitutionality
Of the Act, but that 1t was bound
by the words Of the statute forbid
ding any further deductions of dues.
The union sought an injunction and
insisted that the railway mediation
law as to this particular clause
was unconstitutional.
Unanimous Opinion.
The case was argued by Assistant
Attorney General John Dickinson,
Lee F. Tierney and Wendell Berge,
as special assistants to the Attorney
General, and by Robert L. Stern.
The decision was rendered Novem-
ber 81, 1886, by the United States
Court Of Appeals for the 10th cir
cult, being the unanimous opinion
of Judges Bratton, Phillips and Nc
Dermott The opinion itself was
written by Judge Bratton, a former
United States Senator from New
Mexico. A Democrat, he was ap-
pointed to the bench by President
Roosevelt and has sometimes been
mentioned for possible appointment
to the Supreme Court.
The union petitioned the Su-
preme Court for review, but the
petition was denied, so the Circuit
Court opinion stands as the law of
the land. In that opinion Judge
Bratton ruled that Congress has
plenary power to protect interstate
commerce and that the plain OBJ
jective of the Railway Labor Act
was the amicable adjustment of dis
putes and the avoidance of strikes.
He wrote:
Freedom of choice in the selec-
ton Of persons to represent the en-
ployes is essential to a measure Of
success Of the scheme. Complete
confidence in such representatives
after they have been selected and
while they negotiate is equally es-
sential.
Disclosure Factor Cited.
The deduction of dues payable TO
an organization from the wages of
employees discloses to the carrier
(employer) the affiliation of en-
ployes with unions. 1t discloses
which of them belong to particu-
lar union. 1t may disclose which
belong TO a favored union and which
do not belong to a union. 1t creates
a contact in relation to the organ
ization, and even though it is in
direct and somewhat remote, 1t
may detract from an element which
is essential to success.
Furthermore, it proffers an op-
portunity for the carrier to take
into consideration the status of en-
ployes in respect to unions in con-
nection with matters of promotion,
discipline or dismissal. 1t is readily
conceivable that, moved by desire
to avoid the displeasure of the car
rier with the possible loss of en-
ployment, employees may be inf1u
enced TO join a particular union or
dissuaded from Withdrawing men,
bership. Congress may have de-
termined that the system could be
resolved into subtle device through
which to trench upon the freedom
of self-government of employees and
in that way to impede the success
of the plan. It's interdiction has
q real and substantial relation tc
the protection Of interstate COM
merce
Privilege Not Restricted.
The fact that the parties here
were bound by an existing contract
at the time the act became effective
is no basis upon which TO invoke the
due process clause of the Fifth
Amendment. The privilege of con.
tract is not unrestricted. The righ
TO make contracts which relate tt
interstate commerce must be exer.
cised subject to the paramount
power Of Congress to enact appro
pirate legislation touching the sub
ject matter Since the agree
ment is in conflict with the statute
1t (the agreement) must yield al
though it was in effect at the tim
the act became effective"
The foregoing opinion not onl
shows that there is something NOR
than mere bookkeeping convenienc
involved in the check-of of due
for unions but that Congress con
stitutionally may freeze or alte
closed shop contracts of any kin