Evening star., 1942-12-24
WLB Ruling Guards
Sovereign Rights
OF municipalities
Morse's Opinion Warns
Officials to Deal FoirIy
With City Employees
BY the Associated Press.

! BY the Associated Press.
, The War Labor Boards refusal
to rule in disputes involving mu-
inequalities and their employees was
/ followed today by formal opinion
saying that any other ruling would
have invaded sovereign rights, but
admonishing public officials, never
theless, to bargain fairly with Gov
ernment employees.
Wayne L. Morse, public member
Of the board, wrote the opinion
which held that a directive order
governing the conduct of State or
municipal agencies would ''consti-
! tute a clear invasion of the SOW
ereign rights of the political sub
divisions of local State government.
There is no doctrine more firmly
established in American jurispru-
dence," he wrote, than the one
| that State governments and their
subdivisions within the sphere of
their own jurisdiction are sovereign.
This sovereignty cannot be inter-
fered with or encroached upon by
the United States Government"
Bargaining Limited.
Mr.. Morse said, however, that
although Government employees have
no right to strike, it does not follow
that they are without the right ito
organize and participate in linn
tied form Of collective bargaining
with Government"
He said much of the responsibility
for unrest and dissatisfaction among
Government employees can be placed
! Squarely at the door Of those few
administrative officials of Govern
ment who, by their records. show
/ that they have taken very uncom-
/ prlsing and unenlightened attitude
! toward the problem of discussing
labor relations questions with public
employees coming within their
jurisdiction.
The board issued a brief decision
week ago in cases involving the
cities OF New York. Newark, N. j.
and Omaha, Nebr., and some of theil
employees. The decision not to take
/ jurisdiction, as the employees re-
quested, was unanimous but without
opinion.
Mr.. MorSe'S opinion today was con-
CURED in by the three other public
members without comment. The
employer members concurred in the
basic principles" of the Morse
opinion, and filed brief concurrine
opinion of their own. The labor
members also concurred, with the
comment that they believe that the
discussion of the right OF
Government employees to strike is
irrelevant"
War Powers Exercised.
The employers opinion said "it is
unreasonable to believe that a Fed
eral agency or board can deal with
better judgment or with greater
justice in these cases than the reeu-
larly elected and constituted officers
Of these municipalities.
II the public authority were to
be centralized in the hands of Fed
eral officials" they added, lit would
be inevitable that the American
system OF government would be
destroyed"
Mr.. MorSe's opinion did not close
the door against exercise of presi-
Dental war powers in the event &
dispute between local government
and its employees reached the point
/ where there was a disturbance
which interfered with prosecution OF
the war.
Such a case" he said, would be
an extraordinary one indeed. but
should it occur, it is unthinkable
that the doctrine of sovereignty as
applied to local governments would
be so interpreted as to deny the
President AS Commander in Chief
OF the Army and Navy the power to
take such action in the premises
as might be necessary to carry on
particular service"