Evening star., 1945-06-15
SchweIIenbuch Hailed
On Policy Statement

On Policy Statement
Labor Department Court Ideas
Will Be Amplified, Says Writer
By David Laurence
Lewis Schwellenbach, former United
States Senator from the State of Wash
ington and former Federal Judge, and
soon to take office as Secretary of Labor
in President Truman's cabinet, has
made a brief, but significant, statement
of the policy he intends to pursue.
Mr.. Schwellenbach has declared that
he will adopt a new approach toward
the Department. Hitherto this Depart
ment has been considered by labor
unions to be its own special pleader in
suspicious of the impartiality of agents
or conciliators sent out by the Labor
Department, because of the prevalent
feeling that the Department was
charged by its very name with the
championship of labors rights and
causes as against managements point
of view. So it is especially interesting
to read the following from Mr.. Schwel-
lenbach in a statement at Yakima,
Wash:
Il am going to try an interesting ex-
pertinent. I am going to see If a major
department Of the Government cannot
be operated on the same basis as a
VIII,
the courts should have a monopoly on
justice and intend to see if the Labor
Department cannot be based on the
same principles of justice as is a court.
"A court hears the facts, checks up
on the law and then reaches a conclu-
sion in harmony with the facts and the
law. I see no reason why the Govern
same basis"
Hint In Remarks.
The Labor Department might better
be called the Department of Labor
Relations or of Labor Management Re-
lations. Mr.. Schwellenbach has en-
phasized point that has long troubled
students Of employee employer problems.
There may also be hint In his remarks
Of the possible inclusion of the National
Labor Relations Board and the Ma
tional War Labor Board within his de-
partment.
The problem of including all inde.
pendent agencies within the ten regular
departments of the Government has
arisen recently in connection with Presi-
dent Truman's proposal to Congress to
give him authority to reorganize the
executive establishment so that he can
allocate agencies to particular de-
partments.
The difficulty about such a course is
that some of these independent agencies
have become quasi-judicial tribunals.
Some of their investigating and admin
istrative machinery could be trans
ferred to regular Government depart
ment. But would the cause of good
government be served if an agency like
the National Labor Relations Board is
converted into a Government bureau
and its members have to take orders
from cabinet officer?
1t may well be that what the Presi-
dent and Mr.. Schwellenbach have in
mind with reference to agencies like
the National Labor Relations Board is
that they may continue to exercise their
judicial functions in the future as in
the past, but that for budget purposes
and for administrative efficiency they
would be included in a major depart
ment.
No Need to Curtail.
There would seem to be no need for
curtailing or restricting the duties of
the independent boards. The National
Labor Relations Board in particular has
the specific responsibility of interpret
ing and enforcing the Wagner Act. But,
on the other hand, the machinery of
supervising collective bargaining cleo
tions and investigating the appropriate
unit and certifying to the same could
| we'll be done by the Labor Department S
administrative sections composed of the
same personnel who now operate under
the present board. There is an ad-
vantage in keeping the judicial duties
absolutely separate from administrative
| Investigations
Apparently the identity and impor-
tance Of the National Labor Relations
Board, however, is not to be diminisr ed
President Truman has just appointed
Paul Herzog, one of the ablest labor
relations men in the country, to he
post OF chairman. He had previolSly
made great reputation as chairman
OF the New York State Board of Labor
Relations.
Mr.. Schwellenbachs experiment will
be watched with much interest and
doubtless he will amplify his ideas after
he takes hold of the job. But it may
be taken for granted that he has Mr.
Truman's full confidence and that the
President will be guided by his recon-
mendations.