Evening star., 1947-06-26

court to retain Dsv'e LsSfs
q large portion Of the fine previously
imposed on the union caused the
word to be passed out to the men
to return to the mines.
For any one to assume that the
American people believe that
"walkout" Just happens and that
no word comes from any union
leader beforehand is to hold the
observing public incapable Of un-
derstanding the facts Of labor
union life.
The soft coal mines today are
Under Government control. The
President knows, by the press and
by information from the Justice
Department, that a walkout has
been begun. in defiance OF the
Smith Connaily law. which Is In
effect until midnight of June 30.
A violation of law is just as much
m offense If committed one day
or one hour before law expires as
II it were committed q. year be-
fore.
Ample Power to Enjoin.
The Federal Government pos
sesses ample powers to enjoin
work stoppage II prompt action Is
taken. A Federal judge can issue
a temporary restraining order ef-
fective ut once. 1t would require
all the miners to 60 back to work
immediately under penalty OF q
fine. Concurrently the administra-
tion could apply the provisions OF
the new law to enjoin work stop
page. For, while technically the
mines are In Government control,
actually they are operated by the
mine owners as trustees for mine
property until such time as the
Government actually completes Its
audits and finishes with the ac-
counting necessary to clear up the
transaction. A state of war; still
exists, and seizures by the Gov
ernment occurred long before the
Smith -Connally law was passed.
These were made under the war
powers Of the executive.
The new labor law gives the Federal
Government the power to maintain
the status quo irrespective OF
whether there Is or Is not con-
tract in existence. The transfer
from Government operation to pri-
vate hands does not mean . cessa-
ton Of employment for the miners,
who have for all practical purposes
been working under the manage
n,ent Of the private employers dur
ing the period OF Government.
The new law provides for con-
tinuity of operations and there is
nothing In 1t WHICH says that when
there is a transfer Of operating con-
troll or ownership the employment
rela tionships ceases. The new labor
law provides against any and all
work stoppages and makes no ex-
ception as to such contingencies as
occur when q company Is trans
ferred from one ownership to an
other. Labor unions usually insist
that, when there is a sale OF a COM
pany. the successor company is
bound to adhere to the same terms
rs those in existence ut the time OF
the transfer Of ownership. Collec-
tive-bargaining rights for the
ininers' union did not terminate
when the Government took over the
management. The Government con-
tinued under the Smith Connally
law to deal with the miners union
as the legal representative of the
workers.
60-Day Notice Provision.
The same Federal Government, in
applying the terms of the Taft
Hartley law, can contend that a.
change In operating management
does not immunize any union from
Its obligations under the new law.
This law specifically provides that
II there is no contract in existence.
so days notice must be given to the
management by the union. This
means that the status quo cannot
be upset without so days notice
and the President during that time
can call for board of inquiry.
After that he can, through the
Attorney General. secure an injunc-
ton preventing the work stoppage
from lasting more than 80 days.
The administration has adequate
legal power to prevent another coal
strike. The question is whether the
President will do nothing and turn
the issue over to Congress Both
Houses might then pass bill appli-
cable to coal mining following ex-
actly the words Of the Presidents
recommendation with respect to the
rail strike.
II any unions think they are
going to intimidate Congress by
so-called protests" against law
passed by two-thirds of both Houses,
they will fnd they have never
made gross miscalculation of the
capacity OF Congress to secure
respect for the law it has made.
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