Evening star., 1945-10-07

final step in any complete plan for the
establishment and maintenance of IN
dustrial peace? BY whatever approach
to the present labor problem, in the
end we come to the conclusion that
ways and means must be provided for
final decisions in cases where adjust
ment cannot be reached by agreement
between the contending parties That
necessitates the setting up of a Fed
eral agency fully implemented and en-
powered to act in such emergencies.
1t may be mediation board, court
of industrial relations, national labor
board or some other agency. It's func-
tions and procedures are the matter of
prime Importance
Constitution Provides Power.
Can we do this-have the American
people the power to see it through? The
answer is, yes-if the general welfare
clause in the preamble to the Consti-
tuition of the United States, and in the
Constitution itself means anything. The
preamble says the Constitution is to
promote the general welfare, while the
Constitution says "the Congress shall
have power to provide for the
common defense and the general well
fare of the United States"
Why should we do it? Because it is
in contravention of the general well
fare to permit labor and industry to
fight out their differences until they
cripple or kill each other off, along
with an Understandable number of
innocent bystanders!
Precedents? Yes-the National War
Labor Board of World War and the
National Defense Mediation Board and
War Labor Board of World War II.
What kind of agency should be set
up in this peacetime emergency?
Basically there are two types to be
considered as being designed to sit in
on peacetime labor disputes. The first
Is the Goldman board, consisting of
equal representation of labor and en-
ployers, with chairman (or moder-
ator) designated by the President of
the United States, or with three public
representatives likewise to be desig-
mated by the President. The argument
for this type is % that it can always
make decision, because of the odd
man membership by a majority of
one, and (2) that its decision would be
more quickly rendered. The argument
against this setup is: Cd Under a no.
strike, no-lockout agreement such as
we have had during the war it means
avowed compulsory arbitration, to
which, as has been pointed out, both
labor and industry are violently op-
posed; (2) it means that the odd man
may and usually does make the deci-
sion, and (3) this is yesting too much
power in one man, especially in view
of the fact that he may be called upon
to exercise it in most of the cases
coming before the board.
Even-Man Board Suggested.
The second type is the even-man
board, composed of equal representa-
ton Of labor and employers, selected
by those groups, with two joint chair
men to be designated, or nominated,
one by each group. The argument for
this Setup is; Cd It's entire personnel
is chosen by the democratic process:
CD its decisions must be unanimous,
or, failing unanimity, made by umpires
chosen by lot, which tends to eliminate
the Objectionable reality or implication
Of compulsory arbitration: 90 its de-
cisions will be more acceptable to both
labor and employers than decisions of
any other kind of tribunal or agency:
"a its decisions will gain the sanction
of public approval; and (5) more cases
will come to 1t by joint submissions
and this is regarded as extremely i'm
portant-than will come to the odd
man type of board.
The argument against the even-man
board is % that it is virtually i'm
possible to get unanimous decisions
from board composed of equal repre-
sentation Of labor and employers, and
(2) if decisions are reached they will
work injustice to one side or the other
by reason of being too long delayed.
In rebuttal to this argument it is
pointed out: (D The alternative of
reference to an umpire is an impelling
pressure upon the board to arrive at
unanimous decisions which are accept
able to both sides, and (2) a simple
provision making the boards or UNI
pire's decision retroactive to the date
the board assumed jurisdiction in a
case will constitute a guarantee that
any delay in decision will work no
injustice to either party to a contro-
versy.
The record of that first National War
Labor Board Q918-19), as contrasted
with the records of the late National De-
tense Mediation Board and the present
War Labor Board, currently reported to
be on its way out, is held by some au-
thorities to be strong argument for the
establishment now of new board of
the even-man type. Accordingly, a
brief resume Of how that First World
War board came into being, its COM
position, how it functioned and what
it accomplished may be informative to
those participating or interested in the
impending Truman Schwellenbach
labor-industry conference.
Formed Early in 1918.
ORIGIN: In January, 1918, the then
Secretary of Labor, William B. Wilson
called industry conference COM
posed of five representatives each from
labor and industry, selected by the
American Federation of Labor and the
National Industrial Conference Board
with chairman or counsel chosen by
each group. Those chairmen were, fol
the employer group, ex-President Will
liam Howard Taft; for labor, Chair