Evening star., 1946-06-11
Text Of Presidents Message Veto;ng Case Labor Bill

e Labor Bill
tribute to a welfare fund to be ad-
ministered solely by an employe
representative. 1t Is also a crime
for the employe representative to
receive the contribution. Welfare
funds established by employe rep
resentatives are to be restricted to
certain specific uses. The prohi-
bitions of the section are made en-
forceable by injunction. Certain
routine exemptions to the operation
of the section are made.
Welfare funds supported by EN-
ployers and administered by unions
are no novelty. believe it is in
advisable to remove such question
as this from the scope OF collective
bargaining between employer and
employe! This section does more
than require that there be joint con-
troll of such funds. 1t specifically
limits the uses to which the monies
deposited in such funds may be put.
This whole subject needs long and
careful study. To write into the
permanent law the program for
workers welfare funds without a
study by any committee of the Con-
gress is, in my opinion, at least
improvident.. This particular pro-
vision was prepared and presented
because of one of the items of con-
troversy in the recent coal strike.
feel that this is altogether too i'm
portant and too complicated ques-
ton to be disposed of hastily.
Section 9. This provision deprives
supervisory employees of their status
as employees for the purposes Of the
National Labor Relations Act.
This section would strip from
supervisory employees the rights of
Reorganization and collective bar
gaining now guaranteed them under
the National Labor Relations Act.
l fear that this section would in
crease labor strife, since / have no
doubt that supervisory employees
would resort to self-help to gain the
rights now given to them by law.
Question Long Considered.
This complex question has long
been under consideration by the
National Labor Relations Board
The board and the courts have
pointed out that supervisory en-
ployes have dual capacity. In
dealing with the employees under
them, they act for management.
However. with respect to their own
wages, hours of work. and other
terms and conditions of employ
ment. they act for themselves. The
full right of supervisory employees
to the benefits of collective bar
gaining is one that cannot be lightly
thrown aside.
On the other hand, management
is entitled to proper protection.
Somewhere in the area of disagree
ment between the parties the line
can be drawn with reasonable ac-
curacy. There has been no attempt
to draw that line in this section.
Section 10. Provides that suits for
violation of collective bargaining
contracts affecting commerce may
be brought in the Federal Courts
labor organizations are deemed to
be bound by the acts OF duly author
lied agents acting within the scope
of their authority and may sue or be
sued as separate entity. money
judgments against labor organiza- :
ton are made enforceable but only
against assets of the union any en-
ploye who strikes or otherwise inter-
feres with the performance of a COL
lective bargaining contract in viola
ton of the contract without approval
of the labor organiza ton party to
the contract loses his status as an
employe for the purpose of the Ma
tional Labor Relations Act unless he
is re-employed. we
/ I am in accord with the principle
that it is fair and right to hold a
labor union responsible for a viola
ton of its contract. However, this
legislation goes much farther than
| that. This section, taken in con-
junction with the next section,
largely repeals the Norris-La Guar
dia Act and changes long -estab-
liShed congressional policy.
I am sure that, without repeating
the Norris-La Guardia Act, chang
ing this long established congress
sional policy, or imperiling the prin-
ciples Of the National Labor Rela-
tions Act, sound and effective
means of enforcing labor's respon-
sibility can be found.
Antitrust Provisions.
Section II. This provision SUBJ
jects various union activities to the
antitrust laws with all their criminal
sanctions, injunctive remedies and
provisions for treble damages. AL
/ though the section is entitled Sec
ondary Boycotts.' the scope of the
section in fact extends far beyond
such matters. While its enactment
would provide remedies that might
result in the elimination of certain
evils. such as improper applications
i of the secondary boycott, it would
also make those remedies available
against recognized legitimate activi-
! ties of organized labor.
That there are some abuses in this
field, no one can gainsay. I deplore
the strike or boycott arising out OF
jurisdictional dispute as one of the
most serious of such abuses. A way
must be found to prevent the juris-
dictional strike. 1t cannot be justi-
fled under any circumstances. I am
convinced. however, that the anti
trust laws. the objectives of which
are the elimination Of unfair bust
ness practices and the protection OF
free competition, are not designed tc
solve the abuses pointed out in this
section.
In this regard, however, I do not
need to emphasize the necessity OF
applying the antitrust laws to COM
hina tiOnS between emp1overs apE