Evening star., 1947-02-09

.IrIfIcIzes Congress
On Portal Pay Issue
What he called the spectacle of
Congress rushing to the aid of en-
ployers" who feared court decisions
in favor of portal-to- portal pay was
criticized by Maurice Sugar, gen.
eral counsel of the United Automo-
bile Workers of America, CIO, at a
National Lawyers Guild conference
yesterday.
The discussion of the issue came
before announcement of Federal
Judge Frank A. Picard's dismissal
Of the Mt. Clemens Pottery Co. case.
Mr.. Sugar blamed corporation
recalcitrance" for the fight he said
industry made against portal-to-
portal pay claims. Milton A. Smith,
assistant general counsel of the
United States Chamber of Com
merce, replied that many such
claims, especially with unjust retro
active applications" were a major
threat to American industry.
Mr.. Sugar commended Judge Pi-
cards earlier ruling in the Mt.
: Clemens case. II cannot emphasize
too strongly the injustice of the
attack made on Judge Picard" he
said. "It represented a wholly un-
fair and unwarranted attack upon
the integrity of the bench. Nor can
anyone avoid the conclusion that
such an attack must have
been made with illegitimate objec-
tives."
Wagner Act Revision Discussed.
Chandler Morse, Federal Reserve
Board economist. another speaker
at5the three-day conference which
ends today at the Willard Hotel,
held the problem would be solved
much sooner If the amounts named
in suits already filed could quickly
ce brought into closer accord with
reality"
Revision of the Wagner Act, cur
taiiment of strikes, and regulation
of internal affairs of unions were
other topics at yesterdays sessions.
Herbert S. Thatcher, associate gen.
eral counsel of the American Fed
Grafton of Labor, asserted that Gov
ernment interference in internal
affairs of labor organizations lis
simply to court fascism."
Earlier, Lee Pressman, CIO gen.
eral counsel, attacked Congressional
labor bills, particularly those of
Senator Ball, Republican, of Mime
sofa, as having hidden, flendish
aims" He said most of those
measures were aimed not at i'm
proving collective bargaining but at
outlawing national unions and
crippling organized labor.
Limitation Assailed. ..
Mr.. Pressman and Nathan Witt OF
New York, former secretary of the
National Labor Relations BOARD,
also assailed the proposed 1oo-mile
labor market area limitation on col
lective bargaining. Mr.. Witt de-
scribed the proposal as a basic
threat to democratic labor rela-
tions." Mr.. Pressman said such
proposals were supported ''princi-
pally by people who really are op-
posed to any form Of union recog-
nition."
In a discussion of the Wagner Act,
Archibald Cox, former associate
solicitor of the Labor Department
and now professor in the Harvard
University Law School, contended
that most suggested changes in the
law would divide and weaken en-
ployes.
He suggested, however, that
greater freedom should be given
employers in explaining their eco
nomic position" to employees without
being accused of violating the Labor
Relations Act provision against in
timidation or interference.
The Lawyers Guild adopted sew
eral committee statements on con-
troversial labor issues. One OF these
stated that the Labor Relations Act
needs no amendment" Instead,
the law needs tighter enforcement
and larger appropriations by Con-
gress, the report said.
Injunction Criticized.
A statement on the portal-to-
portal issue also contained a criti-
cism of the Justice Department as
being blind to the true impact OF
the Norris-LaGuardia Act" This
was reference to the injunction
proceedings brought against John l..
Lewis and the United Mine Workers
by the Government.
when the Department of Justice
proceeds as if the act does not apply
to Government" the statement
read, lit is asserting that Govern
ment, as litigant, has vested claim
to continue exploiting those very
procedural and substantive evils
which the Norris-LaGuardia Act
was passed to obviate."
Discussing portal-to-portal pay
claims, Mr.. Smith told the confer
ence that the issue was not confined
to immediate industrial cases. Busi-
nessmen and farmers, he said
might thus be in constant danger of
broadened judicial and administra-
tive decisions which might hold
many present practices unlawful.
He recommended that work"
should be clearly defined for pur-
poses of portal-to-portal pay de-
termination, that compromise set
Elements be permitted, that courts
be allowed discretion in. assessing
damages. and that the statute of
limitations be set at one year for
claims of this kind.