Evening star., 1944-04-26

control of the Office Of Defense
Transportation, on the ground tha'
its facilities were vital to wartime
transportation needs.
On the Presidents power OF
seizure in the Montgomery Ward
case. the message from Mr.. Avery
said:
Under the Constitution Congress
| is the sole lawmaking authority
Neither the President of the United
States nor any other official has the
legal right to seize any business or
property. either in time of peace or
in time of war, unless Congress has
expressly given him the power to
DO so.
Assails Special Privileges"
Congress has given the President
no power to seize the nonwar busi-
ness of Montgomery Ward. Any
seizure of Wards plant or business
would be in complete disregard of
the Constitution, which the Presi-
dent Is sworn to uphold and de-
fend."
Wards experience with the War
Labor Board over period of two
years." the telegram said, has con-
vinced Wards that the board Is a
means by which special privileges
are granted to labor unions"
The message also complained of
what it called assistance given to
the strike by the United States Post
ONCE" It said 10 employees had
been removed from the postal
branch maintained in the Chicago
store for 80 years.
It asserted also that the post
Office on April II had refused to
deliver parcels from customers to
the store.
Denies Violations.
The telegram to Mr.. Roosevelt
spoke of "the expiration of the
former contract" and said the COM
pany had tried vainly for five
months to get the union to deter
mine by election whether it has a
majority.
1t denied Wards had violated any
or denied to the union any priv
ilege to which it is legally entitled"
TheWLB order issued last Janu-
ary, directed the company to con-
tinue terms of an expired contract
with the union pending a determ-
ination by the National Labor Re-
lations Board of whether the union
represented a majority of the $500
employees in Chicago.
The company had sought an in
junction in Federal District Court
here against enforcement of the
WLB order. This proceeding is
still pending.
On April S, the WLB reported
that the firm had refused any ex-
tension of the contract. had can
celed the voluntary checkod ar
rangements, had abolished the
grievance procedure provided for in
the contract, with its arbitration
clause, and had declined to recognize
or deal with the union.'
Union Disputes Statement.
Samuel Wolchok, president of the
union, charged in a telegram to Mr..
Roosevelt last night that the COM
pany had made "misstatements of
fact"
He took issue with the company's
contention that grant of mainte-
nance of union membership would
permit the union to demand dis
missal of employees who have re-
signed from the union.
"As practical matter" Mr.. VOL
chok asserted, under WLB rules on
MISUNDERSTANDING clauses
no one can be discharged within the
30-day period pending the election
unless the company wishes to do so.
While the contract between the
company and the union was In effect
last year, he said, the union did
not request the discharge of any
employe for nonpayment of dues or
resignation from the organization.
Mr.. Wolchok declared that al
though the company had expressed
willingness to observe wages and
hours provided in the old contract.
"it deliberately ignores the recog-
milton of the union"