Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-11-18
Public interest Seen
Hurt by Cool Strike
Lewis Power Over Country
May Face Congress Challenge
By David Laurence

LEWIS OWSE OvST AOuHtTy
May Face Congress Challenge
By David Laurence
The crisis In the coal situation serves
to remind the members of the 10th
Congress and their successors just
elected that the right to strike cannot
go unlimited in America.
When the Nations fuel supply is en-.
dangered by a monopoly OF workers,
the question arises whether this or any
other monopoly has greater right than
that Of the public interest as whole.
Under the Constitution no man can
be forced to work against his will. But
there Is nothing In the Constitution
which sanctions the formation Of groups
or unions which combine for the pur-
pose Of restraining those citizens who
do want to work.
For years the leaders Of the miners
union strove for "closed shop" Under
the New Deal such monopoly was
granted. It means that nobody can
work at coal mining without the per-
mission Of the officers Of the national
miners union. The employer In the
coal industry has lost his right to hire.
He can hire only those who are meme
bers Of union. No citizen can get .
job in the mines unless he Is willing
to join the union.
So when q dispute occurs between
management and the union, the latter
can prevent the mining of coal and put
the whole Nation at its mercy. Several
States have prohibited the CLOSED
shop" but the New Deal gave the
closed shop" its biggest impetus by
formally recognizing that contracts for
a closed shop" are permissible under
the Wagner labor relations law.
Strike Against U. s. Forbidden.
When the Federal Government found
itself compelled to take over the oper-
alton of the coal mines under powers
granted by Congress in the existing
Smith, onnally law, it was specifically
provided that there could be no strike
against the Government and that any
one melting the mine workers to q
strike was subject to criminal prosecu.
ton.
Indeed, the last Congress passed
an appropriation bill forbidding the
payment OF funds to any workers who
belonged to unions insisting on the
right to strike.
The miners are Government employees
under the terms of the existing law and
the same principle is carried in other
provisions of the statute which forbid
strikes against the Government.
But whether John L. Lewis backs down
or sits back and allows the miners to
take action of their own accord without
explicit instructions from him, 1t is plain
that any interviews In tpe press by
miners union chiefs reiterating the
phrase 'no contract, no work" can DO
construed as an Indictment to strikes.
Certainly workers do not refrain from
reporting for duty by individual decision
usually they take such step through
concerted action on the local level.
Compulsory Arbitration Possible.
Irrespective OF the outcome of the
Governments controversy with Mr..
Lewis, the episode viii bring to the at
stentfon of Congress that strikes In the
major industries, such as coal and steel,
|. and in public utilities. including electric
light and telephone, are against the pub
lie interest. It may be that q system Of
compulsory arbitration viii be estab-
lished by Congress so that beth sides will
have to abide by the judgment of special
boards of arbitration to be chosen when
ever q crisis is reached in a particular
industry.
Proposals Of this kind have been Of
fered In Congress. but during the last
IL years the unions have been able to
bury any such bills in the committees
Of either house. Hence labor legislation
on this point, which has long been over
due. may be forced to the front as con-
sequence Of the present coal crisis. A spe-
cial session of Congress would have to be
called If any action were to be taken
to prevent work stoppage in the coal
mines in the near future, but if none Is
called it seems certain that the 80th
Congress win tackle the job.
The Administration has had tough
time handling the coal miners problem.
The operators are disinclined to accept
new conditions which the Government
rs an employer gave to the miners union
upon seizure of the mines. The simplest
solution, OF course, would be to turn the
mines back to their owners as soon as
possible and provide for system of COM
pulsory arbitration rather than the pres
ent method Of seizure by the Govern
ment. The whole world, including the
United States, Is short Of coal-yet work
stoppages in the mines have occurred
and are threatened.
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