Evening star., 1947-01-05

On FOremen s OHlOnS
Ruling on Supervisory Question
May Have Explosive Effects
By Gerard D. Reilly
Fraught with far-reaching conse-
quences to industry and labor. the ex-
plosiye controversy over the unioniza-
ton OF foremen is rapidly approaching
q climax In the courts. During the
closing days Of the old year three events
occurring In rapid succession indicate
that final showdown is at hand:
I'D After hearing arguments on ap-
peal from decisions Of the New York
courts, the Supreme Court has taken
under adyisefnent the Allegheny -Lud-
lum and Bethlehem cases which raise
the question Of whether or not d State
labor board can compel manufacturing
companies producing goods for inter-
state commerce to bargain with organi-
cations of supervisors:
(2) The Supreme Court has consented
to review Gel decision of the Circuit
Court of Appeals for the Sixth Circuit
(Ohio, Michigan, Kentucky and Tennes-
see) Affirming case decided by the
same margin in the National Labor
Relations Board, requiring the Packard
Co. to bargain with the Foremens
Association of America;
(3) The Circuit Court of Appeals for
the Third Circuit pennsylvania, New
Jersey and Delaware) has just enter
tanned petition from the National
Labor Relations Board, requesting the
court to enforce the boards order
against the Jones & Laughlin Steel
Corp, which had refused to recognize
the United Mine Workers as repre-
senting the supervisory employees in its
captive mines.
Each of these cases deals with differ
ent facet Of the supervisory problem SO
that the whole controversy will not be
disposed of until all the cases are ultl-
mately decided by the highest tribunal.
X y X 4
The strongest argument against the
unicnizing of foremen, of course, is its
repugnance to the familiar legal princi-
pie that fiduciary may not serve con-
f1icting interests. When supervisors, hired
for the very purpose of increasing eff
cheney by wedding out dishonest or ma
lingering workers, become subject to the
control Of unions, largely made up OF
the men they supervise, industrialists
have good reason to doubt their ability
to manage their plants efficiently.
The record in the Jones & Laughlin
case, where the United Mine Workers
have blanketed the supervisors into their
formidable union machine, shows that
the fears OF management are not far
fetched. While the wisdom of subject
ing foremen to union discipline is high
lighted by the vigorous dissent Of Board
Member Reynolds, the facts revealed
even in the majority opinion constitute
serious indictment Of the policy. Al
though this case is just reaching the
courts, the union, employing strong-arm
tactics, started to recruit the super
visors in the companys two captive
mines in 1914. Since that time the
number of disciplinary slips issued by
foremen in one mine dropped from 96 to
20 and in the other, from 81 to 18. In
each mine the accident rate has doubled.
From the standpoint of industry, the
Packard suit, which is apparently des-
tined to be the test case, does not
present the issue so Squarely. The union
involved there, the foremen's associa-
ton, is ostensibly independent of Or
ganizations which admit rank and file
workers to membership. Moreover. al
though later cases before the board
revealed that this association collabo-
rates so closely with CIO unions that
1t is affiliated with them in all but name,
the Packard record is lacking in such
evidence.
That such case should reach the
court before the coal mining cases re-
suits from a curious combination of
timing and the accidents of litigation.
Because of the vagueness of the Wagner
Act on the point, the role of the super
visory employe. under the act has
always been source of concern to the
National Labor Relations Board. In
fact, the problem has gone through four
different cycles in the hands of that
agency. @
4 X
During the first six years the Wagner
Act was in effect the doctrine was de-
veloped that in production indus
try the supervisor was the voice of
management. Hence any attempt on
the part OF foremen to discourage the
rank and file from or..'.izing was
deemed an unfair labor practice on
the employers part. In this period
there were sporadic attempts by fore
lnen to organize, some groups even filing
petitions for board elections. These re-
ceived short shrift, being dismissed with
out hearing. In 1912, however, an in
dependent union of coal mine officials
which had formed an organization at the
Union Collieries Co. succeeded IN get
ting hearing. A majority of the board
ordered an election.
The sequel was reminiscent of the
opening of Pandora's box. The war
boom was on in Detroit. Hundreds of
foremen, suddenly upgraded from the
ranks of the CIO Auto Workers Union,
saw the cost Of living" increases the
Defense Mediation Board was bestow-
ing, joined the foremen's association
and asked for bargaining rights. In
dustrial unions in mining, steel and
shipbuilding which had previously neld
aloof saw chance for new worlds to