Evening star., 1947-07-16

whitfield down, but these were not
in the original Wagner law at all
but were National Labor Relations
Board interpretations Of certain
minor points in the law. Then the
AFL's legal counsel says:
with the foregoing exceptions,
the projections against unfair labor
activities of employers remain much
the same as they were under the
original Wagner Act, and the previ-
GUS board decisions are applicable "
This statement will come as
surprise to that portion of the public
which has been led to believe the
Wagner Act had been destroyed.
The exceptions" noted by the AFL
are matters still within the judg-
ment of the Labor Relations Board
and they constitute interpretations,
such as statements made by employ
ers against unions which are really
protected under the free-speech
clause of the Constitution.
Rights of Workers.
The AFL has been talking great
deal about its rights to spend what
1t pleases in campaigns as being
constitutional right, but 1t still
argues that to muzzle an employer
is not a violation of the free-speech
clause Of the Constitution.
None of the labor organizations,
moreover, is telling the employees
that the workers now have been
protected by the law to say what
they please about unions without
being punished by the union. Sena-
tor Taft, in a formal statement, has
explained the new rights OF the en-
ployes thus:
Question. Does the new act give
an employe any additional rights?
Answer. Yes. He is protected
from coercion by labor unions and
their agents. He is protected from
losing his job even if there is
union shop contract If he is willing
to pay union dues. He is given
definite right to insist on nondiscrim-
inatory treatment from any welfare
fund established. He is protected
from personal legal liability for the
illegal acts of labor organizations.
other protection is given against
both Employers and union leaders:
Question. Against what kind OF
coercive conduct by unions is an en-
ploye protected?
Answer. He is protected both
against physical and economic CO.
ercioh. For example, in the absence
of a valid compulsory union-mem-
bership contract If union COM
pelled man to join it or to sign an
application card by threatening him
with loss of his job, this would be
economic coercion. Both threats OF
violence and threats of this KIND
are prohibited.
Question. Does this cover mass
picketing?
Answer. Yes. 1t will cover in
timidating conduct or physical force
used by union agents on a picketlng
line to prevent man from going to
work.
Employees Remedy.
"Question. What Is an employees
remedy under those circumstances?
Answer. The employe could file
an unfair labor practice charge and
obtain a cease-and-desist order from
the National Labor Relations Board.
This could be made a matter OF
court injunction if necessary.
"Question. Suppose union forces
an employe out of a job?
Answer. Unless the union has
obtained a union contract requiring
membership in that union as con-
dition of employment, the union
is prohibited from causing or at
tempting to cause an employer TO
discharge an employe whom the
union does not like.
Question. But suppose although
the employer is reluctant to flre him,
the union nevertheless procures his
discharge by strikes or threats to
strike?
Answer. Such an employe is still
entitled to reinstatement in COM
plaint case before the Labor Rela-
tions Board. Moreover, the board,
since the union was the moving
force, can order the union to COM
pensate him for the loss of wages.
Question. Does the new act give
individual workers more voice in the
running OF their unions?
Answer. The new act does not
police the internal affairs of unions,
but 1t does require the union
to give full information regard
ing its methods of election. meth
ods of operation and financial trans
actions. A knowledge of these facts
will give individual workers more.
opportunity to express their opinion.
They are more free to express their
opinion and urge policies contrary
to the wishes of the union leaders
because, although the union may
expel them, they would still be en-
titled to hold their jobs even in case
of a nion-shop contract"