Evening star. [volume] (Washington, D.C.) 1854-1972, 1947-06-01
Conference Labor Bill
A Reasonable Measure
Criticisms Seen Aimed at Inspiring
Veto by President Truman
By Gerard D. Reilly


By Gerard D. Reilly
Now that the Senate and House corferees
have composed their differences on the Taft
and Hartley labor bills, intimations In soma
quarters indicate an attempt to discredit the
conference report as departure from the In
herently reasonable principles Of the measure
which passed the Senate by more than
2-l vote. The purpose OF such criticisms Ia
twofold: I'd to increase the pressures on the
President for a veto, and ca to drive away
enough Senate support from the bill to pre-
clude the likelihood of such veto's being
overridden
An examination Of the results of the confer
ence report. however, reveals the complete lack
OF foundation for such transparent scheme.
To be sure, the House bill has been widely de.
nounced as punitive, drastic and unreasonable.
This cannot be said of any of the provisions in
1t which the Senate group adopted None Of
the amendments made in conference would be
likely to alter the Presidents view IT, as was
rumored, he was prepared to approve the Sen.
ate bill. Nor has anything been added or sub
tracted which would seem to warrant any Sen
ator who voted for passage Of the legislatiou
when it was on the floor to change his mind
On most OF the controversial features of the
House bill-the prohibition OF industrywide
bargaining, the right of private employers to
injunctions, regulation of the internal affairs
of unions the application of the Sherman Act
to certain KINDS Of hoycotts, abolition OF the
present Labor Relations Board, and the exclu-
sion of large categories of workers from the
protection of the Wagner Act-the Senate con-
ferees refused to yield. But where compari.
son of corresponding provisions or ideas In both
bills was made, and the House version was the
more effective the Senate receded. Thus In
many respects the bill which emerged from
conference has greater clarity.
An instance of this was the free speech
clause. As result of q succession OF amend
ments the Senate committees attempt to In
sure freedom Of expression to both employers
and unions In labor disputes was watered down
so as to be almost meaningless. The Senate
language was open to the construction that It
seemed to ratify the rather dubious limitations
which the labor board has placed upon this
fundamental right. The House version which
ultimately prevailed, with few minor changes,
Is clear and concise:
THE expressing of any views, argument or
opinion or the dissemination thereof, whether
in written, printed. graphic or visual form,
shall not constitute or be evidence of an unfair
labor practice under any of the provisions of
this act, II such expression contains no threat
Of reprisal or force or promise of beneft."
The structure and efficiency of the labor
board was also greatly improved as the result
of conference compromise The House voted
to separate the prosecuting and judicial func-
tions but created an independent agency under
an administrator appointed by the President
to investigate and prosecute complaints under
the Wagner Act. Instead of utilizing the
present field staff of the board, however, the
bill contemplated the appointment OF q director
and a legal officer In each region who was Sub
ject to Senate confirmation. Since neither Of
these field officers could be removed by the
administrator, the possibilities of maintaining
a uniform national policy on the prosecuting
side was greatly impaired. The bill which passed
the Senate also had It's defects.
Although its intent was to place more re-
sponsibility on the individual members through
abolition of the legal review section, 1t auth
orized the appointment Of four additional
members thus creating board of seven The
hope Of imposing more responsibility upon the
individual commissioners was somewhat nulli-
fed thereby. The authority and importance
Of the individual board member decrease In
versely to the extent that his board Is increased
in size. BY the same token, reliance on the
staff Is magnihed.
The sef-defeating provision was corrected
In conference by an amendment cutting the
number Of board members to fve The Senate
conferees deferred somewhat to the strong
feeling in the House for separation Of func-
tons by vesting all the responsibility for the
issuance OF complaints and the operations Of
the field Offices in a single legal ofrcer to be
selected by the President. It insisted, how.
ever, that the present regional officials be as.
signed to him without the requirement Of SEN
ate confirmation. In other words, the final
bill utilities the present structure Of the board
without having to add to the already too
numerous Independent agencies In the execu-
tive branch of the Government.
~
This reform should assist the board in keep
ing abreast Of its crowded docket It leaves
the board members free for the judicial deterna-
nation Of contested cases. It does away In the
field with much of the confusion resulting from
the present division Of authority between the
general counsel and the director of the field
division. While some Of the purists ON ad-
ninistrative law may not look kindly upon
the Senate's acquiescence in the House pro-
vision requiring the rules Of evidence so far
as practicable" be followed in hearings before
trial examiners, the qualifying phrase. should
prevent hearings from becoming unduly pro-
tracted by technical chickering's. In turn for
this concession the House conferees abandoned
their fnsistance upon a clause authorizing the
courts to reverse findings Of facts by the board
II against "the manifest weight Of the evidence"
The net effect Of these administrative changes
should be to bring about more speedy relief
for persons aggrieved by violation of the law
than is possible under the present system This
is factor which should not be ignored by
responsible labor organizations
OF the many topics covered by the House
with which the Senate did not DEAL only three
are mentioned in the conference report. These
relate to campaign contributions by corpor-
atoms and unions. strikes by Government en-
ployes, and feather bedding. The first Of these