Evening star., 1946-06-11

the strike-vote provisions of Section
8 of the Smith -Connally Act would
not lessen, but would promote indus
trial strife. That prediction was
fully borne out by subsequent events.
1t is my belief that similar result
would follow the approval of this
bill
If joint committee to investigate
this entire subject were appointed
Immediately and if the subject were
; given the priority to which it is en-
titled, a report covering the entire
field could be submitted to the Con-
sress within this calendar year.
have analyzed the bill carefully
and herewith submit my comments
on the various sections:
Section l. Declares that the OBJ
jectlves of the act are to encourage
settlements OF disputes between la
Dor and management by collective
bargaining and by conciliation, me-
diation and voluntary arbitration,
thereby minimizing industrial strife,
strikes and lockouts.
i Upon careful considera ton, have
come to the conclusion that the
bill will not achieve this high and
unquestionably desirable objective.
On the contrary, much of the bill
is not only wholly foreign to the
achievement of that objective, but,
IN my Judgment, would actually
defeat it.
Section 2. Defines certain KEY
terms used in the bill.
| Section g. Provides that employ
ers and employees in industries af-
fectlng commerce shall: Exert rea-
sonable efforts to make and main
tain collective bargaining agree
ments: give adequate notice of
proposed changes; provide for the
rlnal adjustment of grievances or
questions regarding the interpreta-
ton OF agreements; arrange prompt
y for conferences with respect to
labor disputes and cooperate with
the new Federal Mediation Board
IN attempting to settle disputes
amlcably. The Mediation Board
may proffer its services for the
purpose of aiding in the settlement
OF labor dispute affecting COM
merce.
/ Warns Of Increase in Strikes.
! II Federal mediation is preferred,
lockouts and strikes affecting COM
merce are unlawful until mediation
is concluded or until go days after a
written request has been made by
one OF the parties for a conference,
whichever is earlier. An employer
who changes the satus quo by lock
out or other action is deemed to
have engaged in an unfair labor
practice within the meaning of the
National Labor Relations Act. An
employe who disturbs the status
quo during this period, by striking
or by engaging in concerted slow
down Of production, loses his status
as an employe for the purposes of
the National Labor Relations Act,
unless he is re-employed.
Although Section is ostensibly
designed to insure that the parties
will attempt to reach a peaceful
settlement. making a strike unnec-
essary, feel that it would, in prac-
tlce, tend to increase the number of
strikes. think it would lead to the
development of methods to avoid
the operation of this section. The
Dill provides that the right to strike
is postponed only if the Federal
Mediation Board proffers its media
tim services hafora Tho etr;l,. - sr..
III foresee that some unions might
fchoose8 to strike before the Media
ton Board had had an opportunity
to determine whether it should
!, enter into q certain case-an action
!, not prohibited in the proposed
.. statute. Although the purpose of
the provision is to eliminate the So
called "quickie" strike, its effect
might be to encourage unions to re-
sort to such strikes.
If an employer violates the pro-
hibitions of this section, he is merely
guilty OF an unfair labor practice.
He may only be ordered by the Ma
tional Labor Relations Board to
cease and desist and to paw anv
back pay due. An employe, on the
other hand, may suffer a far greater
penalty. BY Section 3 (d), he loses
his very status as an employe. That
means that the employer, without
Offering any further reason. NAV
refuse to reinstate him. The pen
alties are inequitable An employer
guilty OF a violation can only be
ordered Qong after the EVENT. to
stop his violation and to restore
the status quo. The employe, how
ever, loses his basic industrial rights
and perhaps even his means of
livelihood. fear that the provisions
OF Section 3 fdb might we'll result
in some employers provoking strikes
in order to give them the oppor-
tunity to discharge the employe
leaders.
Notices for Conferences.
To avoid the consequences of Sec
ton 3, and to legalize a strike under
the bill, union need only give early
notice OF request for a conference
TO start the running of the 60-day
period during which strikes are for
hidden. The result probably would
be great rush of premature notices
for conferences. Sixty days there
after, employees would feel free to
strike-with the sanction of the Con-
gress. So, too, there would be pre-
mature demands for mediation, long
before the possibilities of direct ne
gotiations between the parties had
been exhausted.
No standard whatever - except
only that the dispute should affect
commerce-is provided for deter
mining whether the Federal Media
ton Board should proffer its serv-
ices, although strike can become
illegal only if it occurs after such
offer. 1t is apparently left to the
boards discretion. This places a
heavy burden and extraordinary re-
sponsibility upon Federal mediation
: Because of the serious consequences
, arising from the proffering of me-
diation services-namely the outlaw
ing of a strike-mediation is likely
to be discouraged and withheld in
manV cases where if yoioht proy,