Evening star., 1943-06-11


questions which David Lawrence.
envelop the new phase of the coal
controversy, and it seems most un-
fortunate that Mr. Ickes has issued
an order which is based at best on
a confusing and unprecedented set
Of circumstances. 1t may we'll be
doubted whether the fuel admins
tratcr did this of his own initiative
or whether he found himself COM
PEELED to do it in order to follow out
the program of some of the other
agencies of the Government in
volved in the coal disputes.
1t is true that the old contracts
under which the miners have been
working call for a penalty If the
men 60 out on strike, and that PEN
atty is a fine Of 81 day. But the
miners leaders have been meticu-
lous about insisting on a contract to
govern the days worked. When the
truce expired on Monday, May 81,
there was no contract in existence.
Interval Not Recognized.
Nobody in the Government asked
that the contract be extended,
though there is reason to believe
the miners union would have
agreed. No formal request on this
point came till MI. 1ckes, in tele-
gram to John l.. Lewis, asked that
he order the miners back to work.
In that message, the fuel admin
istrator said the terms of the old
contract would be in effect pre-
sumably retroactively from May 81
on. This was to preserve continuity
Now, when penalties are imposed,
no recognition is given to the inter-
val between May 81 and June when
the miners did not know whether or
not they had a contract. Here is a
case of negligence by the Govern
meEt itself and it seems unfair to
take it out on the miners. Such
sharp and technical application of
the contract provisions at time
OF stress and strain is not calculated
to protect the public interest but
merely to create new resentmentS
and more bitterness.
1t is all the more regrettable be-
cause there is no law on the statute
books which explicitly empowers the
President or any other Government
tai agency to impose new contract
or extend An old one on seized
plants operations. There is such
authority in the proposed legislation
just reported by the conference COM
mittee of both houses OF Congress.
That measure says that the terms
and conditions in effect waea a
plant is seized shall remain in ef-
fecI during the period of Govern
ment seizure or until such time as
the Government turns the plant
DdCk 10 llle owners.
Issue Unfortunate.
Should the miners be penalized
under the terms of a law not vet
passed? This is question which
clearly involves administration pol
icy and tact. The interjection of
such an issue at a time when the
miners union and the operators are
being brought before the War Labor
Board to resolve all issues is un-
fortunate II may be that the Gov
eminent trumped up the issue so
AS to have something to give back
In the negotiations. something else
to use in its pressure on Mr.. Lewis
But even that explanation ignores
the fact that the penalty is applied
against the individual miners and
comes out Of their pockets.
And what can a miner do if he
disapproves of the leadership of
John Lewis? He cannot go back
to work, as some of the amateur
labor experts in the administration
seemed TO think. Any miner who
wants to work when his union chief
orders him not to work is black
listed, and President Roosevelt him
self approved that form of black
listing when he insisted that the
Closed-shop issue be arbitrated-a
circumstance that led to the i'm
position of the closed shop by
board appointed by the President
himself.
Means Being Fired.
The theory that the President
could appeal to the miners over the
head Of Mr. Lewis is a mistaken
one. Nobody can appeal to the
miners or any other workers over
the heads of their union officers, if
the latter stand their ground. On
the contrary. the dissenting work.
ers lay themselves open to the charge
OF dlsloyalty. and, of course, the
employer must fire them when work
Is resumed. because the union can
eXpel its members at will and the
employer must adhere to such order
OF expulsion. That's what a closed
shop means.
The Roosevelt administration has
helped to apply that straitjacket to
the employers of the miners. Now
the administration has sought to
penalize the individual miners for
following the instructions Of their
leader. It's one way to provoke
unrest in the labor world and it's
in line with the bungling policy of
the administration from the begin-
ming in handling the coal contro-
versy,
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