Evening star., 1943-02-12
NLRB AssuiIed by
Labor Spokesman
Frey Denies Wagner Act
Requires Intervention
In Kaiser Shipyords
To the Editor OF The Star.

| To the Editor OF The Star:
I have been out Of the city and just
now has your recent editorial concern
| ing the NLRBs case against Henry J..
Kaiser come to my attention You
| agree that serious situation is pre-
| sented, but contend that the trouble
arises from the Wagner Act, and that
| the NLRB cannot pursue any other
course than 1t is pursuing, a course
which already has caused a slackening
of production in the Kaiser yards at
Portland, Greg, and which, if persisted
in. inevitably will lead to a tragic period
Of turmoil, agitation, pickering and con-
sequent disruption of vitally needed war
production.
The boards attitude that it is forced
to take the action 1t is taking is an
amazing attitude: an attitude that has
not been convincing to the representa-
tives OF the war production agencies
who have importuned it; an attitude
that is utterly wrong. 1t is based on
provision in the Wagner Act that an
employe is guaranteed the right to join
an organization of his choosing. The
CIO was not in existence at the time of
the passage of the Wagner Act The
provision manifestlv was intended to
protect the employe against being forced
into a company union. That was the
intent of the provision then, and the
board knows that it is the intent of
the provision today. The fact Is that
the board has invariably so interpreted
the provision when the AFL was
the petitioner. But it is also an out
rageous fact that the board from the
inception of the CIO. has conceived one
of its principal functions to be the ad-
vancement Of that organization against
the federation. This it is seeking to do
now 1t Is seeking to do this, not
through any defect in the Wagner Act,
but through an arrogant abuse OF its
authority to administer that act.
You must not fall into the error OF
thinking or be misled by the board
into believing that its action was forced
by unrest in the yards. Mr Kaiser
stated in New York few weeks ago
that the morale of his employees was at
and uncertain morale now are develop
ing.
The action Of the board came solely
on the representation OF the CIO ship
yard workers organization that they
should be given the opportunity to Or
ganize these workers. They claim no
substantial organization on the Pacific
r0n N,,t 1f
such workers they claim only $4,000. On
the other hand, We have had agree
ments with the Pacific Coast ship
builders for some IS years
The arrangement which we have now
came through the stabilization agree
ment which we established in the
spring of 194l. 1t was established un-
Ger the supervision and at the urging
OF Government agencies concerned. At
one time when there was some question
as to whether our unions would accept
It, President Roosevelt urged them to do
so. The heartfelt desire for this stabi-
llzed setup was due, on my part. and
on the part of Others to the troubles
which existed in this industry in World
War No. l.
In pursuing our cooperation with the
President, we accepted. at Chicago in
1912. less wages than we were entitled
to under the increased cost of living
provision OF our contracts, in order not
to endanger the imitation structure. We
are the only organization to respond to
the Presidents request for an around
the-clock, continuous use of available
equipment and tools.
A few weeks ago the citizens of Port
land gathered at a testimonial dinner
TO pay tribute to the miracles of pro-
duction which Edgar Kaiser and his
father had accomplished. To this dinner
to add its need OF praise, the Maritime
Commission sent its representative. John
Carmody Mr.. Carmody said that no
small part of the Kaisers' success was
due to their employe relationship. A
few blocks away the NLRB was prosecut-
Ing the Kaisers for unfair labor prac-
tices"
IN the utterly untenable position in
which the board has found itself, it has
SO grossly misrepresented the case as to
feHect either rank incompetence or COM
plete lnSlncerlty. 1t is not case of
simply ordering an election in a plant
Where labor relations are not vet stabi-
hzed. This is a deliberate attempt to
tear up agreements of long and definite
standing and to leave the workers with
no agreement of any kind, leaderless
over a period of from six months to
year-the period which the board has
indicated it would give the CIO union
an opportunity to organize them. During
that period there would be the usual
campaign of misrepresentation of both
us and the employer; there would be
bitter organizational strife.
Speaking for the Metal Trades Depart
ment of the AFL alone. we did not come
INTO being via the sit-doWn strike. We
have been long in existence We have
survived political parties and crackpot
movements. and we will continue to
| survive them. We have not the slightest
apprehension about the type Of campaign
the NLRB would subject us to.
But our determination first, is not to
| let the country be sub bected to it. and
secondly, not to permit a group of bu-
reaucrats to take from us that which we
had long before the Wagner Act or the
NLRB came along: the right to negotiate
contract with an employer. if we could.
From the old order in which the en-
ployer continually was being damned
for not negotiating with a union, the