Evening star., 1946-06-11

the calling of a strike. Each of these
strikes would have had the full sane
ton of the bill.
Thus the very difficulties which
this bill was presumably drafted to
meet have been left untouched by
it. These sections fail to provide
satisfactory method of coping with
the labor management disputes
which confront the Nation.
Section T. This creates a new FIVE
man Federal Mediation Board. All
mediation and conciliation functions
of the Secretary of Labor and the
United States Cancellation Service
are transferred to the board. The
board, although technically within
the Department of Labor, would not
be under the control of the Secre-
tary of Labor.
I consider the establishment of
this new agency to be inconsistent
with the principles of good admins
tration. AS have previously stated,
it is my opinion that Government
today demands reorganization along
the lines which the Congress has set
forth in the Reorganization Act of
l945, !. e., the organization of Gov
ernment activity into the fewest
number of Government agencies
consistent with efficiency. Control
of purely administrative matters
should be grouped as much as pos
slble under members of the cabinet,
who are in turn responsible to the
President.
The proposed Federal Mediation
Board would have no quasi judicial
or quasi-legislative functions. 1t
would be purely an administrative
agency. Surely, functions of this
kind should be concentrated in the
Department of Labor.
Since 1913 there has been within
the Department of Labor and re-
sponsible to the Secretary of Labor
a United States Cancellation Service
formed with the very purpose of
encouraging the settlement of labor
disputes through mediation. concil-
iation, and other good offices. The
record of that service has been out
standing. During the period OF one
year from May, 1945, through April.
1916, it settled under existing law
1880 labor disputes. Included In
this total were 1852 strikes, almost
10 each day. The Cancellation
Service has formed one of the prin-
clpal divisions of the Department
of Labor.
Transfer of Functions.
The bill proposes to transfer that
service and its functions to the
newly formed Federal Mediation
Board. To me this is the equivalent
OF creating a separate and dupli-
cate Department of Labor, depriving
the Secretary of Labor of many of
his principal responsibilities and
placing the conciliation and media
ton functions in an independent
body.
In the eyes Of Congress and of
the public the President and the
Secretary of Labor would remain re-
sponsible for the exercise of media
ton and concilation functions in la
Dor disputes, while, in fact, those
functions would be conducted by an
other body not fully responsible to
either.
AS far back as September 6, l945,
said III a message to Congress
Meanwhile, plans for strengthen
ing the Department of Labor, and
bringing under it functions belong
ing to it, are going forward" The
establishment of, the proposed Fed
eral Mediation Board is a backward
step.
Section 5 Provides that it is the
duty of the Mediation Board to
prevent or minimize interruption of
commerce growing out of labor dis
putes. The board may proffer its
services upon its own motion or
upon the request of one or more of
the parties to the dispute Where
mediation does not succeed. the
board is required to recommend VOL
untary arbitration.
SCuCy SOuInlSSAOu.
Section 6. Provides that where a
labor dispute threatens a substan-
tial interruption of an essential pub
lie utility service, the board, in the
public interest, may request the
President to create an emergency
commission, and the President is
authorized to appoint such commits
sion. The commission investigates
and reports within 80 days, after
which the President must make the
report public. The cooling-off pc
riod is extended for maximum pc
riod of 95 days, with an additional
80 days upon the approval of the
parties.
Much of the discussion with ref
erence to Section is applicable
here 1t is difficult to understand
why the Congress has applied the
fact t-fnding principle to public util-
tiles but has omitted it entirely in
other industries of equal import
ance.
The remaining sections of the bill
have nothing whatever to do with
the expressed objectives of the bill
Section T. Re-enacts in amended
form the so-called anti-racketeer-
ing act. On its face. this section
does no more than prohibit all per-
sons. whether union representatives
or employees or others, from inter-
fering with interstate commerce by
robbery and eXtortion.
I am in full accord with the OBJ
jectives which the Congress here
had in mind
However, it has already been sug-
gested that some question may arise
from the fact that Section omits
from the original act the provision
that it was not to be construed so
as to impair, diminish or in any
manner affect the rights of bona
fide labor organizations in lawfully
carrying out the legitimate objects
thereof"
1t should be made clear in ex-
press terms that Section 7 does not
make it felony to strike and picket
peacefully, and to take other legiti-
mate and peaceful concerted action
Section 8. Provides that it is a
crime for an employer to con.