Evening star., 1944-04-10
High Court UphoIds
Bargaining by Union
Losing Majority

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The Supreme Court held today
that an employer is required to bar
gain collectively with a union which
had lost its majority after the con-
cern had wrongfully refused to deal
with the labor group.
"A bargaining relationship once
rightfully established must be per-
mitted to exist and function for a
reasonable period in which it can
be given fair chance to succeed"
said the 8-to-0 decision read by
Justice Black.
Chief Justice Stone did not par
ticipate in the case.
The litigation arose in connection
with efforts of the Amalgamated
Clothing Workers of America (CIO)
to unionize the plant of the Franks
Bros. Co. in Lawrence, Mass, three
years ago. The record showed that
Is of the 80 production and main
tenance employees in the factory
designated the Amalgamated as it's
bargaining agent, but the COM
pany denied them recognition and
the workers petitioned the National
Labor Relations Board for an in
vestigation and certif1cation OF rep
resentatives.
Threatened to Close Factory.
An election was scheduled July
rs, ls41, but the company threat
ened to close it's factory if the
union won, and Amalgamated with
drew the petition for election and
filed charge of unfair labor prac-
tices against the company with the
board.
The proceedings dragged along for
about Is months when the board
found the company guilty. In the
meantime, the union had lost its
majority, and had only 80 employees
In the plant, and the board held
that the company should be re-
quired to bargain with them. The
First Circuit Court of Appeals up-
held this order, and the company
appealed.
1--WE think the decision of the
Circuit Court correct under the act
Labor RelationS and consistent
with past decisions of this court"
said Justice Black. Little need be
added to what has been said on
this subject in other cases.
"Out of its wide experience the
board has many times expressed
the view that the unlawful refusal
of an employer to bargain collec-
lively with its employees, chosen rep
resentatNes, disrupts the employees
morale, deters their organizational
activities and discourages their
membership in unions.
'"The boards study of this prob
lem has led it to conclude that, for
these reasons, a requirement that
union membership be kept intact
during delays incident to hearings
would result in permitting employ
ers to profit from their own wrong
full refusal to bargain"
Company's Contention Rejected.
The court also rejected the COM
pany's contention that the board
order would result In injustice ito
employees who may wish to substi-
tute for the particular union some
other bargaining agent or arrange
ment." a..
The court also held unconstitu-
tional a Florida statute making it
an offense to obtain money by fraud
ulent promise to perform labor.
The To majority opinion, deliver
ed by Justice Jackson (Justices Reed
and Stone dissenting). said that a
State may not make failure of Ia
Dor In discharge of debt any part
of crime"
Emanuel Pollock of Brevard
County, Fla, challenged the legisla-
ton on the ground that it permitted
involuntary servitude. He pleaded
guilty to q charge of obtaining IS
as an advance from j. v. d'Albora.
He was sentenced to so days in the
county jail. .--
Pollock later sought release on the
contention the statute was uncon-
stitutional. The Breyard County
Circuit Court upheld his conten-
ton, but its decision was reversed
by the Florida Supreme Court.
The majority opinion Of the high
tribunal stated: I'VE impute to the
Legislature no intention to oppress,
but we are compelled to hold that
the Florida act, by virtue
of the 18th (antislavery) amend
ment and the Antipeonage Act of
the United States, is null and void"