Evening star., 1946-06-25
Arnold Lays Ground
For High Court Appeal
In ITU-NLRB Case
b. the Associuied Press

o1. I T. cIbob OTb1, Tld.. Ju1lc
25-Thurman Arnold. chief coun-
sci for st. Petersburg's two daily
newspapers whose composing room
employees are on strike, told Ma
tional Labor Relations Board ex-
aminer today that when a union
refuses to bargain. an employer is
not obligated to bargain.
His statement was made after the
NLRB. acting on behalf of Local
$50 of the International Typograph-
ical Union, had rested its case
against the Evening Independent
and the Morning Times and Mr..
Arnold presented Lowell Mellett,
Washington columnist and nation
ally known editor, as the publishers
first witness.
Mr.. Arnold made it clear that
evidence as he presented it looked
beyond the immediate NLRM hear
ing to an appellate court, probably
the United States Supreme Court
case. He contended that the news
papers had not refused to bargain
as charged.
Another Point at Issue.
He also made it clear that the
issue he would stress was whether
labor union laws" are subject to
arbitration.
His principal witness, he said, will
be Nelson P. Poynter, editor of the
st. Petersburg Times, who Mr.. Mel
lett testified was nationally known
as being ''unduly prolabor."
j. C. McRee. Atlanta. attorney for
the NLRB. and Dan NJ. Byrd, ir.,
Chattanooga, counsel for the ITU,
objected vigorously to any reference
to arbitration, Mr.. McRee declar-
ing that the only question before
the board was whether or not the
two newspapers violated the Wag-
ner Labor Relations Act.
1t was violated. they contended,
when Mr.. Poynter appeared before
union meeting on January IL, and
they alleged, sought to have the
compositors abandon the strike and
go to work for newly formed COM
pany, News Printing, Inc, jointly
owned by the two newspapers to
serve as their composing room.
Millett's Testimony.
Mr.. Poynter advanced conditions
of employment which union wit
neSses said were a violation of ITU
laws and in addition set up what
was in actuality company union.
Mr. Mellett, former editor of the
Washington News. testified to his 20
years of friendship with Mr.. Poyn-
ter, their former association while
Mr.. Poynter was business manager
OF the News and general problems
OF newspaper management.
He said efficiency and esprit de
corps were necessary for the success
OF publisher in small community
who attempted to give readers a first
class, metropolitan newspaper. The
st. Petersburg Times, he said, was
such newspaper.
Mr.. Mellett further testified that
the total number of newspapers in
the United States was decreasing
because of competition from big
newspapers, from chains and from
the expense of operations.
Make Work Rules Criticized.
Union make work" rules are very
bad for morale, Mr.. Mellett said,
because an employe can have no
respect for an employer if permitted
to throw his money away
All of Mr. Mellett's statements
were made in answer to questions by
Mr. Arnold.
Each question met vigorous objec-
tions, but Examiner Thomas S.
Wilson admitted them to the record
Mr.. Wilson cautioned Mr.. Arnold
that he was going far afield from the
issue. but Mr.. Arnold repeatedly
reminded him that he was looking
ahead to an appeal
F. c. Carter, assistant secretary
treasurer of the ITU, testified that
many things" presented to the
striking composing room employees
as conditions of employment vio-
lated the unions laws.
Yesterday Cody Fowler, associate
counsel for the publishers, contended
the union had struck before obtain
ing sanction from the International
Executive Committee, and thus had
violated its own laws and made the
strike illegal.
The attorney contended the NLRB
should take this fact into considera-
ton in reaching a decision on the
charge of Wagner Act infringements.
Mr.. Wilson upheld an objection