Evening star., 1947-07-10

S441l1ekss% A0441
ment. Dawn Lawrence
It may be that the days Of au-
thorized work stoppages on a large
scale in the middle of q contract
period are over in America and
that a period of real peace in the
industrial world has been introduced
as a result of the new legislation.
The new coal contract Is con-
spicuous example of what labor
unions mean to do to conform to
the new law, despite the murmur-
ings about political reprisals, tests
of constitutionality and rumors Of
plans to evade the provisions by
writing contracts purporting to give
immunity from the law.
Some Vague Phrases.
The new coal contract contains
some vague phrases about the
miners working hereafter only when
they are liable and willing which
merely conforms to the specific
statement in the law itself about
the right of an individual to quit
work. Omission Of the mo strike"
and penalty clauses for Illegal sus-
pension of work. which used to be
in the contracts between the opera
tors and the miners unions, has
attracted some attention but 1t
really means that these are not now
NEEDED. Two important points in
the contract are the key to the
whole document. The first point Is
in the following paragraph:
The contracting parties agree
that. as a part of the consideration
of this contract, any and all dis
putes stoppages. suspensions OF work
and any and all claims, demands
or actions growing therefrom or in
volved therein shall be by the con-
tracing parties settled and deter
mined exclusively by the machinery
provided in the settlement of local
and district disputes section of this
agreement: or. If national in char
acter, by the full use. of free collec-
tive bargaining as heretofore known
dllu VI dCblCtu All lliC illduoGl y
This means that efforts will be
made to settle grievances at the
local or regional level and by neutral
umpires. but If Nation wide dispute
occurs, "the full use of free collec-
tive bargaining" will be the method
employed to arrive at settlement.
Obligations Defined.
The Taft-Hartley law defines the
obligations of collective bargain
ing" and states specifically that
any one who quits work during the
life of contract need not be rehired
and also that any concerted work
stoppage or showdown is a violation
Of the law.
This means that no secret in
structions from a union to bring
about a so-called Spontaneous"
walk-out can hereafter be issued
lawfully and that any interruption
by the operators through a lock-
out can also be violation of the
law. Hence. there is no further
need for mo strike" clauses in con-
tracts. because the new law forbids
a concerted work stoppage during
the life. of a collective bargaining
contract. Unless there is mutual
agreement by both parties to modify
such contract. it cannot be
changed until it expires. Even then,
notice must be given to the Federal
mediation service and other con-
ditions must be complied with be-
fore strike can really be legal.
The second point of significance
In the new coal contract is the
clause stating that 30 days notice
can terminate the agreement. but
this provision is really nullified by
the language that follows imme-
diately:
The foregoing termination pro-
vision, shall not be. construed to
limit or affect in any way the obli-
cation of the parties relating to the
termination of contracts under the
Labor Management Relations Act,
1947."
Specific Mention.
1t will be noted that the contract
mentions specifically the "obliga-
tions'' of the law with reference
to termination notice. These re-
quire so days notice prior to expira-
tion and the maintenance of
existing conditions right up to ex-
piration and under certain circum-
stances for 60 days thereafter.
The Hartley law has, there
fore. accomplished a great deal, as
the text of the new coal contract
fully demonstrates. 1t is regrettable
that Representative Hartley takes
the view that one clause in the coal
contract. which authorizes the
"check-off" for Imitation fees and |
assessments" Is violation of the
new law. The statute uses the word |
dues" to be sure, in authorizing q
system Of "check-off," but it GER
tainly could be construed to mean
that assessments and initiation fees
are part of the dues"
The point Is not really an i'm
portant one. as the principle of de-
auctions is conceded, and Mr.. Hart
ley might better have noted how
completely the new coal contract |
conforms to and accepts the obliga-
tons of the new law of which he was
co-author
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