Evening star., 1946-11-24
Federal Strike Injunction
First Such Action in Years
UNIV Walkout on Government Contract Gives
Toehold for Legal Battle Under War
Labor Disputes Act
By GerardD. Reilly


Labor Relations Board
affairs ended-as they inevitably did-in
substantial concessions to the mine
workers. there was much criticism of
President Roosevelt (and later of Pres
ident Truman for what was regarded
as another example of labor appease-
ment
A review Of the legal situation at the
time OF these other mine crises, however,
indicates that such criticism was i'll
1ounoed. for the current dispute is the
first in which Mr.. Lewis tactics gave
the Government the slightest toehold
for engaging in battle with him in the
courts with any chance of success. In
other words, the mine workers presi-
dent until now was careful to steer
clear OF any possible application of
the Smith Cor.nally Act to his course
Of conduct
The section Of this statute upon which
the government placed heaviest reliance
IN going to court contains provision
making it serious criminal offense to
coerce, lnstigate, or encourage workers
p strike in any mine which has been
seized by the Government under the
special war powers vested in the Presi-
dent by the act. 1t will be recalled that
this measure, officially known as the
War Labor Disputes Act, was passed by
Congress during the war in response
10 widespread indignation over a btu.
minous strike in the spring of 1943 when
the war was at a critical stage. Despite
the cessation of hostilities, this Act is
still in effect until the emergency Is
declared terminated, either by presi-
DENTAL proclamation or concurrent
resolution of both branches of Congress.
No Impact in 1943.
Although the act was primarily aimed
at the coal strike of 1943, it had NO
immediate impact upon the disputes
which have beset the bituminous in
dustry. That particular strike occurred
as result of the impasse between the
Appalachian operators and the mine
workers over wage issue raised at
the expiration Of a two-year contract
and was aggravated by Mr.. Lewis re-
fusal to recognize the jurisdiction of
the War Labor Board After the miners
mad responded to the strike call, but
before the act became effective, Lewis
reached an understanding with the Sec
retary of the Interior to continue work
under the terms and conditions of the
old contract until the end of the follow
ing October. Meanwhile, as a result dS
the overruling of presidential veto, the
act became effective in July of that
year. Although most of the mines re.
manned in possession of the Govern
ment for several months thereafter an
other general walkout occurred when
the period of the truce expired.
AT that time, serious consideration
was given by Government LAWYERS to in
dieting officials Of the Mine Workers.
but In view Of the fact that there had
been no overt act committed since the
act had become law, it was felt that
no evidence was available for sustaining
criminal prosecution. The stoppage
persisted for several days, finally ending
IN a tentative agreement between Sec
retary Ickes and Mr.. Lewis which the
War Labor Board approved although
the terms were much more intlationarv
than the tentative settlement which
Lewis had been willing to accept from
the Department of Labor six months
previously. In early 1945 when the Gov
ernment was confronted by a similar
crisis, Secretary of Labor Frances Per-
kins was able to bring the operators and
the mine workers to compromise
which averted another stoppage.
Unfortunately, this agreement was
only for the term of one year. The re-
suit was that further negotiations be-
came necessary last spring at which
time Mr.. Lewis, in addition to insisting
upon a substantial wage increase, also
stubbornly clung to a demand for a
welfare fund over which his union
would be the sole administrator. Tha
President ultimately pointed out that
this demand could not be legally realized
under the Labor Relations Act. but the
strike lasted until coal stocks were so
seriously depleted that railroads, public
utilities and steel mills depending upon
a supply of bituminous were also forced
to curtaii their services.
Compromise Secured.
When the mines were finally seized
the new Secretary of the Interior
secured a compromise with Lewis on
the welfare fund issue and granted n
large part of the requested wage in
crease. Although there had been n
number of plant seizures during the
war and afterward, this was the first
time that a cabinet officer actually neso-
tiated a collective agreement with a
striking union.
While there were suggestions from
some quarters that it would have been
preferable to have invoked the sanctions
of the Smith Connally Act, it is diffi-
cult to see bow the Government could
have succeeded In such venture. Gov
eminent possession was not ordered
until the strike was in its seventh week
and from that time on Mr.. Lewis gave
no orders to his followers; they simply
remained away from work. Upon the
signing Of the Krug-Lewis agreement
the miners returned to the pits. But
as the operators never acquiesced In
the royalty or supervisory employe pro-
visions of the agreement, the mines
remained in control Of the Government.
Accordingly, when Mr.. Lewis on Novem-
Der Is gave five days notice OF termina-
ton OF the Krug agreement. he took
what was for him the unprecedented
step OF officially setting in motion ma
chinery for bringing about stoppage
In a period Of Government possession.