Evening star., 1943-05-18

can be remedied. 81 -
Lewis seems David Lawrence.
to have made up his mind that
the War Labor Board has no au-
thority and that it exists only by
virtue OF an executive order. This,
he feels, means 1t exists only by
presidential nat and hence it cannot
command witnesses to appear. But
has Fuel Administrator Ickes any
more authority than the War Labor
Board?
The President, by executive order,
ordered the fuel administrator to
seize the coal mines, and the ad-
ministrator in his latest telegram
to Lewis reiterates that the miners
ARE now working for the Govern
ment," but it is not clear where
the miners received an agreement
or employment contract or through
what governmental power they are
now made into Government en-
ployes instead of employees of pri-
vate companies.
President Blocked Law.
The situation is not clear because
omcials again are trying to proceed
without the benefit OF explicit or
specific authorization of law, believ-
ing that merely to raise the cry Of
war necessity is enough to cause
their commands to be accepted.
The President, through his spokes-
men and lieutenants on Capitol Hill,
has consistently for the last two
years prevented Congress from en-
acting labor legislation relating to
work stoppages and has preferred
to handle these matters personally
or by executive nat. The miners
union has challenged that concept
OF authority and is today agreeable
to the extension of the 15-day truce
only because of an expectation that
the process Of collective bargaining
which is covered by the Wagner
labor relations law will be insisted
on by the fuel administrator.
Over the week end the situation
became tense. The War Labor
Board already had recommended
collective bargaining but wanted it
done only after an initial meeting
under the auspices OF the board.
Lewis thought this was a trick to
set him before the board and in
terrogate him on the issues of the
strike. He baked. Then the board
became incensed and ordered Lewis
to appear. declaring he was fiouting
the law. But Lewis stood his ground.
Ickes Acts.
Lewis felt that there was no law
behind the Labor Boards orders
only executive fiat. Fuel Admini-
tstrator Ickes is reported to have
become impatient over the way
things were going. He stepped in
with telegram asking Lewis to
give assurances that there would
be no work stoppage and promising
him that by this action the way
will be opened for immediate collec-
tive bargaining conferences"
Lewis was quick to reply and to
give the assurance and quick also to
express the hope that there would
be collective bargaining. Since the
War Labor Board has no statutory
jurisdiction over collective bargain
ing, Lewis doubtless expected that
he and the coal operators could be
requested by the fuel administrator
or by anybody else in the Govern
ment to initiate the conferences.
Lewis. to be sure, wants to re-
sumo negotiations with the operators
rather than to submit his case to the
War Labor Board. The question
may readily be asked what will hap
pen If, after a series of meetings
with the operators. there are some
concessions made by the operators
and by the miners but there is still
an area of disagreement. especially
on wage increases which the War
Labor Board has warned cannot be
made beyond the scope of its memo
randum of last Fridavp
May Spur Legislation.
The answer probably is that Lewis
Is ready to make an agreement along
the lines of the War Labor Board
memorandum. If he isn't, then the
issue does go eventually to the War
Labor Board. Maybe by that time
the House will have walked up to
the fact that by trying to cover too
much ground in its substitute for
the Connally bill it is tying up a
simple measure such as the Senate
passed, which if enacted promptly
would give the War Labor Board
all the authority 1t needs to deal
with any deadlock that may ensue
between now and May 81, when the
new truce expires.
The War Labor Board members
may feel they have been by-passed
If the fuel administrator gets the
collective bargaining conferences
started, but their remedy is to get
the Connally bill passed by the
House which can happen in "a hours
II President Roosevelt ventures to
say the approving word.