Evening star., 1944-02-06
WLB Ready 10 Garry
Gypsum Test Case
To Supreme Court


With the Nations wage stabiliza-
ton program and other labor policies
hanging in the balance, the Wal
Labor Board last night was prepared
TO 90 to the Supreme Court, II neces-
sary, to test its authority In adjudi-
eating labor disputes.
The right Of the agency to issue
orders affecting employer-labor re-
lations has been challenged eight
times during the past six months
Complaints against the board In two
cases have been dismissed, but six
others have not been decided,
The WLB received its first serious
setback recently when Judge John
c. Drufell, sitting temporarily in
District Court, overruled q motion
that the complaint fled by the
United States Gypsum Co. be dis
missed. The board is carrying this
case to the United States Circuit
Court Of Appeals. If the higher
court sustains Judge Drufen, the
WLB will try the case on its merits
and will appeal only If the District
Court grants the injunction sought
by the Gypsum company.
WLB Position Explained.
The position Of the WLB, accord
ing to Jesse Freidin, general coun-
sci, is that the agency has no power
to enforce its DEGREES and, there
fore, cannot be enjoined from en-
forcing them. WLB, according to
Mr.. Freidin. is a quasi judicial
agency which may reach a deter
mination in case but which is
powerless to act unless the parties
involved voluntarily comply. Where
parties to a labor dispute fail to
comply with the orders Of the board,
It was pointed out, the WLB can
refer the matter to the President or
to Economic Sterilization Director
Vinson. who alone have the power
to enforce the directives.
If this theory Is sustained by the
courts, the effect will be practically
to cut of all legal recourse for those
dissatisfied with the boards settle
ments. It Is practically impossible
to sue the President without his con-
sent, and, in the case of q firm pro-
ducing war materials, such consent
would probably not be given. The
White Houses power to obtain en-
forcement lies in its control over
priorities OF vital materials and its
right to seize plants when labor dis
putes or other causes are curtailing
the production of goods important to
the war effort.
The complaint of the Gypsum
company is interpreted by the WLB
as challenge Of the constitution
alty Of the War Labor Disputes Act
and, in turn, of all the war powers
Of Congress and the President.
Should the Supreme Court eventu-
ally rule against the WLB in the
Gypsum case, or on the petition of
some other party, 1t is argued, the
decision would upset the Little
Steel wage formula which has been
In operation for more than two years
and the maintenance of union men,
bership clause which has been grant,
ed to scores of unions.
Membership Clause at Issue.
All six of the pending cases in
volve the maintenance of member
ship policy. The complaints have
been filed by the Gypsum company,
the Twentieth Century Brass Co.,
the Peyton Packing Co., and Mont
gomery Ward Co., which has three
suits before the court here, involving
its stores throughout the country.
The two suits which were dis
missed on the motion of the, WLB
were filed by the Baltimore Transit
Co., in connection with an arbitra-
tors award in dispute over the dis
charge Of an employe, and the En-
ployers Group of the Motor Freight
Carriers, over wage controversy.
An appeal from the lower courts
decision has been fled by the Motor
Freight Carriers.
The record of compliance obtained
by the WLB was described by Mr..
Freidin as nothing short of incred-
tble." He said nearly 1000 cases
have been handled by the agency
and that in less than a dozen has
it been necessary to appeal to the
President. One of those which were
referred to Mr.. Roosevelt was the
dispute between John L. Lewis
United Mine Workers of America
and the mine operators.