Evening star., 1947-09-28

became fully effective some 13,50O,,
per cent of the total union strength, !
are still outside of the union pro-
tective features of the law carried
over from the old Wagner Act.
These workers who are in the
position Of boycotting the National
Labor Relations Board, admins
traitor Of the Taft Hartley Act, are
the members Of the AFL and CIO.
They are Outside of the pale"
largely because of the position
taken by one man-,John L. Lewis.
Most OF them are unwilling boycott
ers. 1t is situation which could
cause an explosion with repercus-
sions throughout labor.
Quiet Beginning
The first weeks of operation under
Taft-Hartley, therefore, have been
quieter than expected at the NLRB.
The rush of business that some
officials predicted has failed to ma
terialize even from employers, who
now have the right to file numerous
types of cases against unions, Most
of the time so far has been spent
in making preliminary rulings and
adjusting personnel to the dual
setup prescribed for the NLRB by
the new law. The agency is split
into two more or less autonomous
parts-the general counsel's Office,
which investigates and prosecutes
cases, and the board itself, which
now is a labor court.
However, the lines have been
drawn for the initial skirmishes in
what organized labor says will be an
all-out war on that slave statute"
the Taft-Hartley Act. This war
will be waged in the courts and on
the stumps of next years general
election campaigns.
Two important tests of the new
law are under way already, the be-
ginning of what promises to be long
and complicated court warfare.
Illegal Boycott Charged
The powerful AFL Carpenters
have been taken into Federal court
in Chattanooga, cited for the use
of an illegal secondary boycott. A
representative of the NLRB general
counsel, in asking an injunction
charged carpenters local with
applying strike pressure on one con-
tractor to prevent the use of goods
and services of another who EN-.
ployed nonunion help and who hac
refused the union closed shop
The complaint states the carpenter.
demanded a closed shop although
no employe of the contractor was q
member OF the union at the time
Many such charges were made
against pld-line AFL unions when
Congress was considering labor law
changes early In the year. 49,
In Baltimore a representative Of
Robert N. Denham, NLRB general
counsel, has charged the AFL Inter.
national Typographical Union with
refusing ito bargain collectively ir
good faith" with a combination OF
% print shops. The charge is a
result of application by the Balti-
more printers local of national ITU
policy of posting conditions of en-
ployment' instead of entering into
contracts with employers. The
conditions" are arrived at unilater-
ally by the union. The idea is
designed to circumvent the Taft
Hartley prohibition of the closed
shop, which the ITU has enjoyed
for decades.
| Court Tests Due
While the test of legality of the
printers policy is interesting, it |.
not so very important in the overall
labor picture. Very few, if any
other, unions are likely to follow
the TITUS lead in trying to dispense
with employment contracts.
| High courts, perhaps the Supreme
Court. eventually will be called upor
to decide the two tests started 81
far.
1t is a certainty that something
has to break soon in the AFL-CIC
boycott of the NLRB. Too many o.
the unions need the protection O.
the law in winning and maintaining
bargaining rights and Tending of
unfair" practices of employers fol
the situation to remain in statu!
quo. The pressure is almost equal.
as great on the NLRB.
Right now there is a sort of wal
of nerves between the AFL and CIC
on one side and the board on the
other. Each side is hopeful thai
the other will change its mind, or
rather, policy.
All of this came about as a result
of one of the first rulings or in.
terpretations of Mr.. Denhan, the
NLRB counsel, who, the unions say
has become labor czar" under the
Taft-Hartley law.
Mr.. Denhan interpreted that part
of the law designed to prevent Com.
munists from holding union Office
as meaning that all officers of the
AFL and CIO as well as officers o1
AFFILIATED unions must certify once {
year that they are not Communists
Failure Of any officer of the top or
ganizations to file an affidavit, Mr.
Denhan said, would deny to all o
the hundreds of affiliated unionl
the right to take any action before
the NLRB.
Strongly Criticized
This Immediately raised a storm
Of protest in union circles, and .es'
pecially in the CIO. The charg'
was made that Mr.. Denhan wen
out OF his way to interpret the Law