Evening star. [volume] (Washington, D.C.) 1854-1972, 1947-03-19

TWO RepuEllcan senators toQay
introduced a bill to establish a sys-
tenn of Federal labor relations
courts which would have jurisdic-
ton over "a large majority" of labor
disputes.
Senators Ferguson of Michigan
and Smith of New Jersey introduced
the measure, which would give the
special courts the right to issue
injunctions If necessary to head
off a strike. Injunctions now are
forbidden by the Norris-La Guardia
Act in nearly all labor disputes.
The bill would give the courts
jurisdiction to interpret labor con-
tracts and to review actions of the
administrators of the Wagner Act,
the Wage-Hour Act and the Rail
way Labor Act.
Ferguson Sees "Near- Anarchy."
Senator Ferguson, In presenting
the bill, told the Senate 1--WE are in
a state of near-anarchy" in the
matter of industrial disputes and
that the time has arrived to submit
the disputes to "the legal discipline
of a civilized society,""
Senator Smith added that the
labor courts would handle Eat least
hree-fourths" of the disputes and
could lead to "the ultimate settle
ment of all labor management dis
putes on the basis of what is right
and just"
Senator Ferguson, who has been
working on the labor courts plan
for months, and Senator Smith, a
member of the Senate Labor Com
mittee, explained their bill in state
ments prepared for delivery to the
Senate. The measure will be con-
sidered along with numerous others
by the Labor Committee which Is
seeking to send a broad labor bill
to the floor this month.
Bill Would Create II Courts.
The Ferguson Smith bill would
setup II District courts of three
members each. Two members would
be lawyers, the third a layman. The
courts would have jurisdiction over:
1. Cases arising out of the in
depreciation of acknowledgement
contracts. For example either a
union or a company might file a
suit in those courts claiming their
contract was not being followed.
2. Petitions and reviews under
the National Labor Relations Act,
Fair Labor Standards Act, and Rail-
way Labor Act. For example, an
employer who wanted to appeal a
ruling of the National Labor Rela-
tons Board would go to one of the
new labor courts instead of to a
United States Circuit Court of APP
peals, as at present.
Study Paralysis" Cases.
The labor courts would not settle
disputes which arise in the making
of a new labor management con-
tract. Senator Ferguson wants them
to have that power eventually, but
he told the Senate more time and
study are required to develop such
legislation"
Senator Smith said he and Sen
ator Ferguson are studying further
the question of national paralysis
cases.
He said they do not believe in the
Governments taking over proper
ties, "but we do believe we may be
able to find a special procedure for
those cases where the health and
safety OF the people are affected and
where it will be necessary for the
Government, preferably through the
courts, to act in order to maintain
the status quo. -" g"
Although the Ferguson-Sm Smith bill
would give the labor relations
courts the power to issue injunc-
tons, no injunction could be issued
without testimony by both sides in
open court, with opportunity for
cross-examination.
Contempt Would Be Punished.
If labor relations court found
any one guilty of contempt of court
it could not only fine or imprison
the guilty person but could prohibit
him from being an officer of union
or a corporation.
Senator Ferguson said a labor
court system appeals to him as a
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