Evening star., 1947-01-19
Herter Bill Provides
Utility Strike Control
Compulsory Arbitration Measure
May Get House Priority
BIZ Gerard D. Reilly.

May Get House Priority
By Gerard D. Reilly.
The variety of proposals on labor legis-
lation now pending in Congress has
mind. A formidable task confronts the
standing committees in classifying these
bills and focusing attention upon the
principal reforms embodied in them.
Leaving aside the measures which are
too extreme to withstand the scrutiny
to which they will be subjected at the
Forthcoming hearings, it will be seen
that mcst Of the proposed legislation
falls into one of two categories: "a The
bills aimed at promoting equality of bar
gaining power and CD the bills creating
tribunals for the settlement of disputes
Both kinds of legislation seek industrial
peace, but one would attain it by
striking at the roots Of power which has
been abused; the other, accepting this
situation, would halt warfare after the
crisis has arisen.
In the first category are the proposed
amendments to the Wagner Act and the
Norris-La Guardia Act which discourage
economic warfare by withdrawing i'm
munity from discipline or judicial
process from persons who engage in
strikes or secondary boycotts for illegal
objectives. Also in this class are bills
which would prevent unions from Grip
pling management by absorbing the
supervisory personnel, as well as Sena-
tor Balls bills to curb union monopolies
by abolishing the closed shop and by
placing the responsibility for making
bargaining agreements upon individual
employers and union locals instead of
employer associations and national
labor organizations.
Bills dealing more specifically with
methods of terminating disputes run
the gamut from proposals for mediation
and fact-finding boards to labor courts
and compulsory arbitration. Very few
of the bills in this second category in
dicate much knowledge of the existing
law or Of the present procedures utilized
by the conciliation service of the De-
partment of Labor Some of them would
handicap the effectiveness of any
seasoned mediator by interposing
cumbersome board between the dis
putants; others contemplate compulsory
settlement Of disputes Of every sort with
out setting any standards which the So
called labor courts could apply.
One exception to this general criticism
is the Herter bill Cor bills, since several
members of the House have introduced
identical measures) entitled the Public
Rights in Labor Disputes Act" Despite
its awkward title, this bill shows evi-
dence of careful craftsmanship. Since
the sponsor, Mr.. Herter, former Speaker
of the Lower House in the Massachusetts,
General Court, has recently been ac-
corded an official place of leadership
among the Republicans in the House,
his bill may acquire priority on the
calendar of the House Labor Committee.
What he envisages is compulsory arbi-
tration plan, but confined primarily to
disputes in public utilities-the theory
apparently being that If public interest
justify granting an exclusive monopoly,
the public would also like to see it in
continuous operation. AS expressed in
it's preamble, the bill is meant to avert
cessation or substantial curtailment of
transportation, public utility or COM
munications services essential to public
health and safety, or upon substantial
curtailment of supplies or material
essential to public health or safety" In
other words, its provisions would seem
to apply not only to utilities regulated
by public authority, but also to industry
wide stoppages in coal or petroleum
which endanger the public safety by
paralyzing transportation through cut
ting of the supply of fuel.
X "
The bill abolishes the present concilia-
ton service and transfers its functions
to an independent agency called the
Labor Disputes Cancellation Admins
tration" to be headed by an admins
traitor and three assistant administrators
appointed by the President subject to
Senate confirmation. The President is
also directed to appoint Labor-M Man
agement Advisory Committee Of IA
members (seven on each side) which
would meet at least every other month,
to advise the administrator and to
recommend persons for appointment to
a panel of arbitrators established by
the bill.
Another section authorizes the Pres
ident, when an emergency is threatened
which endangers public health or safety,
to issue an order requiring the parties
to the labor dispute to preserve the
status quo, to revoke any strike or lock-
out orders which might have been issued,
and to refrain from picketing or pay
ment of strike benefits. Such presiden-
tial orders are to be enforced by injunc-
tive process in the Federal courts and
violations are punishable for contempt.
After public emergency order has
been issued by the President, the bill
provides that the parties adjust their
dispute either directly or through vol
untary arbitration. If the dispute has
not been settled within 80 days, the
President is empowered to compel the
parties to submit to arbitration. The
award of the arbitrator is enforceable
in the Federal district courts. When
ever the President directs dispute to
be submitted to arbitration, the parties
may each select an arbitrator from the
panel established under the bill and the
arbitrators thus selected shall choose
third IF other oartv fails 0r refuses
to select an arbitrator from the panel,