Evening star. [volume] (Washington, D.C.) 1854-1972, 1947-09-09
Texas Judge Upho|ds
Anti-Red Affidavits
In Taft-HartIey Act

FORT WORTH, Tex, Sept. g.
In the first such ruling on the
Taft-Hartley law, Federal Judge
T. Whitfield Davidson yesterday
upheld the requirement that la
Dor unions file affldavits that
their officers are not Commu-
niStS.
The judge declared that the nom
Communist provision is fully con-
stitutional-legal, consistent and
proper.
The ruling was made at hear
ing here involving CLIO Oil Work
ers' international Union. The oil
workers had filed a petition seeking
to force Edwin A. Elliot, regional
NLRB director, to count ballots in
an election of workers Of the Deep
Oil Development at Wichita Falls,
Tex.
Judge Davidson held that the CLIO
had, not complied with the law, and
thus the oil workers did not have
recourse to the NLRB.
1.-The Constitution guarantees a
representative form OF Govern
ment," Judge Davidson declared,
"and it is consistent and proper to
throw restraint around any organ
ization by denying privileges to
those who would destroy this form
of Government"
Backs Government Control.
Judge Davidson ruled that the
oil workers union was not eligible
for certification as a bargaining
unit because the CLIO failed to COM
ply with the provision of the Taft
Hartley law which requires filing
of non Communist aff1davits.
In handing down the ruling on the
non Communist provision, Judge
Davidson declared 1t "behooves the
Government to attempt to control
the growth of any system that
would attempt to control the Gov
eminent" since, he said, the Con-
stitution guaranteed a republican
form, and the people were expected
to live by the laws which their rep
resentatives made.
The Judge continued, "Commu-
nism is recognized as not being a
representative form Of government.
Communism Is more the die
tatorial type. !" Elections under
dictator are one-sided affairs.
People do not have a free choice.
Provisions Must Be Obeyed.
eff the law means what 1t says,
the provisions of it must be COM
piled with -"
Judge Davidson, in holding that
the Oil Workers Union was an
affiliate of the CLIO. and that the
CLIO has not complied with the
Taft Hartley law, said:
1.-The policy of the CLIO is shaped
by Joint action Of the several unions
in its membership. Since they
make UP the voice and policy Of
the CLIO, it in turn has influence
over its constituents"
The election of the Deep Oil De-
velopment Co. took place in Au-
gust during the transition from
the Wagner Labor Act to the Taft
Hartley law. The election began be-
fore the law went into effect, but
was mot completed and the ballots
not counted until after the new
act became law.
Mr.. Elliot testified that tabula-
ton of the ballots was withheld
by his Office in compliance with di-
receives from Washington until the
national officers of the CLIO had
complied with article 9, sections F,
G and H of the law. Under thee
provisions, financial statements and
non Communist affldavits are to be
filed with the Labor Department be-
fore the NLRB has jurisdiction oyer
a unions case. -
o. A. Knight, oil workers presi-
dent, testified that in years past the
union had filed financial statements
with the Labor Department OF its
own volition. The union had con-
tended that its constitution bars
Communists from membership.
Judge Davidson overruled a mo-
ton for dismissal, presented to the
court by David Lindling, associate
counsel for NLRB in Washington.
Mr.. Lindling declared that a ruling
by the court would have widespread
effect, and pointed out that the
NLRB has approximately 5000 such
cases pending.
Following the hearing, Mr.. Knight
said he did not know whether an
appeal to Judge Davidson's ruling
would be made.