Evening star., 1945-11-27
Observer Points Out >:
Labor Law Weakness
Bargaining in Good Faith Can't
Be Compelled, He Says
BY David Lawrence

De AOmpelleo, Tie DAYS
BY Dapid laurence
Judging from various claims on picket
signs and in published statements that
management is not willing to bargain
collectively the public Is Likely to get
the impression that some one Is violet.
ing the law. ......,
For the National Labor Relations Act
makes collective bargaining compulsory
and II any employer refuses to bargain
collectively he can be compelled to do
so by the National Labor Relations
Board.
So, 1t might be asked, what is hap
pening to law enforcement If the picket
signs and the statements of labor lead
ers charge auto companies, for instance,
with refusing to bargain collectively?
The answer is that all the precedents
and rulings Of the National Labor ReIa-
tions Board merely require that nego-
tiations be carried on until there Is a
deadlock. The law cannot compel the
parties to agree. The Supreme Court
OF the United States said so. All that
can be done Is to make them sit down
together and negotiate.
No Specific Rule Exists.
But no rule exists which specifies
when collective bargaining negotia-
ton has been carried far enough. There
are some cases where refusal in the first
instance to meet with union representa-.
tlves was regarded by the National La-
Dor Relations Board as a violation Of
the law, but almost no instances where
any action was taken If both sides nego-
tiated and then failed to agree.
The law does not say that both parties
or even the employer must bargain IN
good faith" but the Labor Board has
In some cases construed dilatory action
or evasive tactics as failure on the
part OF an employer to bargain in good
faith. The union representatives, OF
course, are under no obligation to bar.
gain IN good faith or any other way.
The law simply doesn't mention any OBJ
legations so far as labor union repre-
sentatives are concerned.
What has happened in the auto strike
undoubtedly Is that the unions want to
conduct negotiations in the open with
the press present, so that demands can
be dramatized and the rank and file
given vivid account OF how their lead
ers are striving to protect their inter.
ests. 1t Is good deal like the speech.
making In Congress for home consunp.
ton
Can't Recede From spot"
This Is not likely to be conducive to q
settlement. In fact it might well pro-
duce more difficulties. For experiences
shows that when either management or
union representatives are put on the
spot by publicly adopted positions, 1t IL
hard for either of them to recede.
The auto strike presents no novel
features. The union leaders are urging
a resumption of negotiations with Fed.
eral conclllators present. This is de.
signed to assure the public that the
unions are not responsible for the
walkout. Generally the MANAGEMENT
representatives will meet with the con.
ciha5ors, but even then there is no way
to require either side to make con.
cessions
II Federal conciliators make proposals
that appear to have some chance Of ae.
ceptance this time, it may result even
tuaDy in an acceptance not because the
Federal mediators presented something
new, but because they were able to do
the bargaining and trading which the
parties themselves were unable to do.
What this would mean, then, is that
collective bargaining falls down be.
cause one side does not trust the other
or that one side will take advantage of
any initial proposal to insist on a better
one. Often in labor dispute both sides
know full well in advance what the rock
bottom price happens to be, but there il
fear OF making any such proposal at
the start for fear it will be used rs q
means of trading upward.
Need for Federal Law.
This type of case shows the slarine
need of mediation by reliable ofncials
who can convey to one side or ths
other the true atmosphere back Of any
proposal. If collective bargaining Is to
lead to deadlocks, then more than ever
a supplementary process is necessary.
The country is witnessing in the auto
strike the need for a Federal law ere.
ating mediation process Also If the
mediation is successful, the public might
well inquire why the machinery cannot
be availed of before work stoppages
occur
Clearly if collective bargaining breaks
down the sequel need not be a work
stoppage, but in its place a mediation
process can be availed of while the men
are still at work. This is a constructive
way to prevent the huge economic losses
that the country suffers today from ths
absence of adequate statutes to supple.
ment the collective bargaining law.
lRenrnductinn Ri1iatx RexaruaA