Evening star., 1943-06-14

What the bill, W !,
which was con- David Lawrence.
siderably weakened in conference as
compared to the measure sponsored
by Representative Smith and passed
by the House, really does is to eX-
press an axiom. 1t says that the
Government has the right to protect
work done for the Government In
plants seized by the Government.
At no time until recently was that
principle ever challenged. 1t has
never been supposed that there was
any need for law saying that when
the Government seized plant and
hoisted the Stars and Stripes over
it, anybody who interfered with the
authority of that flag could be put
on trial and jailed if convicted.
Undecided on Status.
Unfortunately. in fairness to the
recent steps taken by the miners
union, the Government claimed to
have seized the mines but the same
Government couldn't make up its
mind whether it was merely the
'custodian" of the property or
principal with full contracting
power.
John Lewis, head of the United
Mine Workers, saw the Government
agencies fighting one another and
bungling the question of authority
and, therefore, let the miners go out
on strike. AS matter of fact, the
new Smith, -Connally bill is as much
measure to settle the feud between
the office Of the Fuel Administrator
and the War Labor Board as it is
between the miners union and the
Government.
There would have been little need
for this part of the bill If govern
mental agencies had been given
clearly defined jurisdiction either by
Congress or the President.
AS to the other features, especially
the so-called anti-strike provisions
In plants seized by the Government,
these are really innocuous. For one
thing, the Senate was intimidated
by threat of veto transmitted to
their members while the bill was
In conference.
That letter or communication has
never been published but those who
saw 1t say the War Labor Board,
speaking for President Roosevelt,
did not want court review of any
of it's acts, arguing that this would
delay matters during q war. The
theory that the citizen must lose
his right of court review during a
war is favorite theme of the New
Dealers, who even tried unsuccess-
fully, to impose it recently in mat
ters of income tax regulation.
Real Penalty Eliminated.
The Senate and House conferees
finally went so far in yielding to the
administration that they eliminated
ell real penalty provisions in the
s0-called anti-strike clauses. Thus
In plant not seize! but engaged
in work related to war contracts.
the representa- tives of the emplove"
whoever they may be in contest
between rival umions-must give 30
DAYS notice OF an intention to
strike. But there is no penalty
imposed for falling to give the
notice. The administration backs
out of imposing any punishment
and Congress falls in with the idea.
Then, as if to apply sop to cure
the -sidedness of such legisla-
ton, the new bill does say that
ANY person who is under a duty
to perform any act required' under
the clause for giving 80 days notice
in advance of a strike or any person
who wilfully fails or refuses to
perform any such act shall be liable
to damage resulting from such fail
ure or refusal to any person injured
thereby and to the United States
If so injured
Wagner Act Still Effective.
This is intended presumably to
give the employer some means of
redress if strike occurs and he is
injured but, under the provisions of
the Wagner labor relations law. a
ri IC IF
business and if he attempts to elicit
damages he will run into charges
Of an unfair labor practice. Incl
dentally, the new bill provides that
War Labor Board decisions must
conform to provisions of the Wagner
law.
1t is true Uncle Sam could sue
for damages but that isn't likely
to be a deterrent to a labor union
which knows 1t takes a generation
to carry Government damage suit
through the courts. So as a prac-
tical matter there is no effective
provisions Of the law-an advantage
or leverage which will be used no
doubt by labor organizations to
force concessions ahead of seizure.
The whole thing is a temporary
affair. Even the prohibition against
labor union contributions to cam
paign funds comes to an end either
six months after peace is declared
or sooner by concurrent resolution
OF Congress. Labor unions will be
able to contribute again doubtless
in l946 and l948 elections.