Evening star., 1947-02-11

"If the utility says that 1t is unable
to pay a suggested wage, or to put into
effect a proposed practice the Com
mission can determine whether these
matters meet the requirement of reason
ahleness and If so, whether the corpora
tfon can adopt them without confis-
eating its property and prejudicing the
investment in its assets. If these latter
matters are feared, the tribunal has
authority to increase rates to a point
which will permit the utility to pay a
just remuneration to its employees, rem
der an adequate service to the public
and obtain a reasonable return upon
its investment y **
"A corporation proposing to embark
or continue in the utility business will
have notice of its obligations; for those
now employed or may hereafter work
for such company will do so with the
realization that they are in effect work
ing for the public, and as the policeman
and the fireman must surrender certain
personal prerogatives as price for
public employment so they too must
subordinate some of the personal privi-
leges which they might enjoy in private
employment, as the price of entering
or continuing in this public employment,
being assured at all times that there is
open to them an impartial public tribu-
nal to which they can resort for the
vindication of any fundamental right
or the redress of any grievance of any
unfair practice or treatment"
A Belief in Private Enterprise.
The majority report. signed by six
councillors, rejected the Corporation
Commission argument with these words:
1.-The setting of wage rates and the
determining of working conditions are
complicated matters and any body or
person charged with setting same would
consume a great deal of time. In ad-
dition, the pressure on such a body to
set higher wages would be tremendous
as would the pressure to keep them the
same or perhaps to lower them. Also
it was thought that since the period
of State operation would be brief it
would not be possible to hear the parties
and decide the matter. Furthermore,
If body such as the State Corporation
Commission granted wage increases it
would have to allow higher rates to the
utility which might induce either the
utility or labor to bring on State opera
ton. Finally, the Council believes in
private enterprise and has in mind the
lessons taught in the recent war by
activities of the Federal government in
fixing wages" ..s..-
The law, as enacted, prohibits any
person or groups of persons from inter-
fering with the States operation, or
encouraging such interference. This in
cludes establishment of picket line
near or adjacent" to any work con-
Quoted in the governmental operation
The law also provides that when the
representatives of the utility manage
ment shall notify the Governor in writ
ing that the utility can and will resume
normal operations, the Governor, after
an investigation, shall restore the proper
ties and facilities to the utility. Should
the Governor refuse to do so within ten
days, the utility Is authorized to Sle in
any general chancery court in Richmond
for such restoration.
Any person found guilty of violating
this law can be fined not less than $40
and not more than $1,000 and may be
imprisoned for not more than II months.
Any utility or any union convicted of
violating the law may be penalized up
to $4,000 day for each day of viola
ton.
Tests Of Law Under Way.
Three tests Of the law are under way
according to Jack Fitzpatrick, political
writer for the Richmond News Leader
who writes
1.-The most important of these lies in
the negotiations now in progress be-
tween the IBEW and VEPCO on two
separate contracts, one for 1850 pro-
duction and maintenance men, the other
for 180 foremen. The union filed with
the Governor, February 4, formal noti-
fication of its request for contract
changes. The other tests in prospect
come from the Lynchburg Gas Corp
where the union company contract has
expired, and from Bristol, where a labor
dispute has arisen in a motor freight
company. While no official ruling has
been made by the courts or the Attorney
General, it is not generally believed that
the law applies to the freight carrier in
Bristol. While it is engaged in trans
portation, as mentioned in the law, 1t is
not regarded as operating in a vital
public interest," nor would strike ex-
pose the citizens to dangers, peril,
calamities or catastrophes' as men
toned in the law"
The IBEW'S formal notification of
requests for contract changes indicates
that despite opposition to the legislation
when 1t was proposed, organized labor
will abide by its provisions and not
strike-which is the objective Of the law
for the desired changes.
req