Evening star., 1943-05-12
Supervisors Denied
Right Of Bargaining
Under NLRB RuIirq
New 2-to-1 Decision
OverruIes Opinion
Given Out Lost June
BY the Associated Press

The National Labor Relations
Board reversing an earlier decision
has refused to recognize unions OF
supervisory employees as appropriate
collective bargaining units.
A 2-to-1 decision to this effect was
handed down yesterday in the case
of the Maryland Dtydock Co. Balti-
more, and the CIO Industrial Union
of Marine and Shipbuilding Workers
Meanwhile, the NLRB was assailed
before a House Merchant Marine
Subcommittee by John Frey. presi-
dent of the Metal Trades Depart
ment of the American Federation of
Labor, for assertedly pursuing
policies that encouraged "raiding'
In the Kaiser shipyards on the West
Coast. These policies, Mr.. Frey said
were doing more to sabotage salts
factory war production than all the
Axis powers" and he told the SUBJ
committee the Kaiser jurisdictional
dispute was only a forerunner of a
number of other cases unless Con-
gress acts to put the NLRB in the
position it should occupy"
Overruies Earlier Decision.
The NLRB decision in the super
visory employees case overruled a
decision OF last June Is in the Union
Galleries Co. case.
In releCtlug the CIO unions petit
tons either to merge the supervisory
employees with the existing con-
tractual urit of production en-
ployes, or establish separate units,
the NLRB majority said:
We are now persuaded that the
benefits which supervisory employees
might achieve through being certi-
fed as collective bargaining units
would be outweighed not only by the
dangers inherent in the commin-
Cling of management and employa
functions, but also in its possible
restrictive effect upon the organ
national freedom or rank and file
employees.
I'VE are Of the opinion that in the
present stage of industrial adminis-
tration and employe self organiza-
ton, the establishment of bargain
ing units composed of supervisors
exercising substantial managerial
authority will impede the processes
of collective bargaining. disrupt
established managerial and produc-
ton technlques, and initiate against
effectuation Of the policies of the
act"
Membership Change Cited.
There has been a change in the
membership Of the board since last
Junes decision. Gerard D. Reilly,
who cast the minority vote then.
wrote the majority opinion yesterday
and was joined by John NJ Houston
new member of the board and former
Representative from Kansas.
Chairman Harry A. Mills, said in
a separate opinion:
While I agree with some of the
observations and conclusions con-
tanned in the majority opinion, en-
phatically reject others. also the
general position that without regard
to organizational set up and rela-
tionships, petitions for 'fOremen's'
units will not be entertained and
acted upon by this board
In the Union Collier.eS case last
year the majority members were Mr.
Mills and William NJ. Leiserson. who
left the board a few months ago to
return to the National Railway
Mediation Board.
The Maryland Drydock decision
does not prohibit organizations of
supervisory employees, nor does it
prohibit employers from bargaining
with such units, but the employer
may refuse to bargain and the board
will not order him to Go so.
Asks Ban on "Raidiug"
The decision, for example, would
not prohibit the coal operators from
granting the current demands Of the
United n 70 Workers for a contract
covering ,,e mine supervisory en-
ployes, but the board would no,
order the operators to NEE such de-
mands if the question is raised
officially
Mr.. Frey told the House subcom.
mittee that Congress must take
steps to prevent 'raiding" or sus.
pend the Wagner Labor Relation!
Act for the duration of the war.
My opinion of the Wagner Act.
he added. is decidedly favorable
but my opinion of its administra
ton from the beginning has be"r
decidedly unfavorsb'e.'
He contended that as shown BY
the Kaiser case, the NLRB is "hoine
operated so it can 90 into a plan
and talk an individual into f7lins
charges so that it can start al
investigation and tie up production.
Mr. Frey said that in the Kaiser
case the complaint against the
yard. brought by a CIO union, wa
that it signed the master West
Coast employment Stabilizatior
agreement before it had a sufficient
number of employees"
All Were in AFL.
When the Kaiser yard was opened
he said, all the re- chanics that coulc
be found were put to work, and al
were members of the AFL.
Had Mr.. Kaiser not signed The
agreement, he said. the shipbuildeI
would have had trouble because the
men would have gone to work il
other yards where the agreemen
was in effect.
Mr. Frey said: Rapidly growinE
unrest on the Pacific Coast as {
result of the NLRB'S prosecution O
the CIO complaint against TIT
Kaiser Co. lis materially interfer
ing with satisfactory ship produc
ton
The Metal Trades Department
feels it has every right to presen
its case to Congress as the onl,
agency which can prevent tn.
spread of the virus of disturbance.