Evening star., 1943-06-18
Legal Question
Is Held Beyond
Boards
Labor Members Differ,
But Say Majority
Decision Must Stand
BY the Associated Press.

BY the Associated Press.
A War Labor Board ruling on
the soft coal dispute today tossed
the portal-to-portal pay issue
back to collective bargaining or
court litigation, thereby present.
ing a new crisis to the strike
threatened bituminous industry.
The WLB objected, 8 to 4. a de-
mand by the United Mine Workers
for portal-to-portal pay, ruling it
constituted legal case the board Is
powerless to settle.
Labor members of the board dis
sented and took the position that the
case is labor dispute which the WLB
could dispose of, but declared "tae
decision is the decision of the War
Labor Board and the decision OF
the Government of the United
States of America"
This statement was made by Van
A. Bittner, former Official of the
United Mine Workers. He added
that "the no-strike agreement
made to the President of the Unireo
States must be carried out today
just as 1t was the day we made it,"
Boards Order.
The boards directive order said.
The mine workers remain free
TO press their demand before the
administrator of the Fair Labor
Standards Act and in the Federal
court. and the opera tors also retain
their rights to seek pertinent ad-
mlnistrative and court rulings.
The parties also remain free to
agree to settlement of their pros
pective law suit. If they should
agree to settlement. the board. as
the agency of Government charged
with administration of the wage
Sterilization program. will rule
whether the agreement is a genuine
settlement of the law suit COM
patlble with the stabilization pro-
gram"
WLB Chairman William H. Davis
pointed out in press conference
that the miners claim for travel
time pay represents an unknown
liability
NO Power to Decide.
He said the board offered an op-
portunity to the parties for settle
nent of their dispute. but we can
not force upon them the settlement
OF Q law suit We have no power to
decide"
Aides of UNIV President John L.
Lewis said he would have no COM
ment before tomorrow when the un-
ions Policy Committee meets. pre-
sumably to consider what course of
action the miners shall take after
the truce deadline set for working
expires Sunday at midnight A policy
meeting scheduled for today was
postponed.
John Brophy like Mr.. Bittner q
former official of the UNIV and an
alternate labor member of the WLB,
commented that the failure of the
officers of the union to appear be-
fore the Board and present their
case was a dlsservice to the rank
and-file mine worker"
Dishonest to Grant Raise.
Wayne L, Morse. public member,
said it would be Thoroughly dishon-
est in the name of portal portal
pay to grant wage increase" add
ing that the foremost issue was,
Will the mine workers abide by the
same rules and same laws as every
body else? 1t is one issue that cam
not be compromised"
Public Member George w. Taylor
said wage increase for the miners
would necessitate a general wage
increase in all industries and areas
and make wage stabilization i'm
possible"
Mr.. Davis, in a prepared state
ment, said the mine workers have
throughout many years of very real
collective bargaining agreed that
they shall be paid for the work they
do on the basis of hours worked. at
their working places in the mines
without regard to the travel time
(See COAL, pooe AAl