Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-02-15
NLRB Orders Election
With n-Comp|yine
Clio Union on Ballot
By Jones Y. Newton

The National Labor Relations
Board yesterday ordered an cleo
ton among employees of a plant
to determine whether they still
wish to be represented by a
union - clio United Steelwork-
ers-that has not complied with
the Communist affidavit re-
quirements of the Taft-Hartley
Act.
1t marked the first time the boarc
had ruled on the application of the
new laws liberalization" provi-
sions, and the first time the NLRE
directed that the name of a non.
complying union be placed on any
election ballot.
The election was ordered at the
request of employees who presum-
ably want to disavou the union
Management representatives i'm
mediately saw in the ruling, how.
ever, way for unions whose Off
GERS cannot or will not sign state.
ments disavoWing Communism tt
fout that section of the Taft Hart
ley Act designed to drive Reds from
labor union leadership.
Involved Georgia Plant.
The case involved the steelwork-
ers local at the Cordele (Ga) plant
of the Harris Foundry and Machine
Co.
The new labor relations law states
that where at least 80 per cent OF
employees involved request it, the
NLRB must hold an election to de-
termine whether a majority of. the
employees still wish to be repre-
sented in bargaining by the union
holding those rights. In the Geor-
gia case, the board found that suf-
ficient number of the workers de-
sired an election and it ordered one
to be held within 80 days..
However, the NLRB had ruled
earlier that union not in COM
pliance with the affidavit and filing
requirements of the law may not
appear on ballot where an election
is requested by the union itself
by an employer seeking to "decer-
tify" the union, or by employe rep
resentattives of a rival complying
union seeking to take over bargain
ing rights.
In ruling that a non-complying
union should appear on the ballot
where liberalization" election is
requested by individual employees,
the board stated:
ITO hold otherwise would confer
upon the non-complying unions the
power to immunize themselves
against identification proceedings
by their refusal to comply with the
registration and filing requirements.
Encouragement would thereby be
given to noncompliance, contrary
to the congressional purpose -
1t was pointed out, however, that
the ruling may be used by non
complying unions to stay in power
in case, for example, where man.
agement refused to bargain on a
contract renewal because the union
either refused or could not comply
with the law.
A union in such a position con-
ceivably could arrange for 80 per
cent of the employees to request an
election knowing that it still had
majority sentiment. Then, if the
results showed a majority still
favored the union it would be tanta-
mount to a positive certification
poll -. -"
If the steelworkers win the Geor-
gia shop election they will remain
as the bargaining representative
of the employees.
Philip Murray, CLIO president, Is
also president of the steelworkers.
While Mr.. Murray is a non-Com-
munist, he regards the affidavit re-
quirement as an affront. However
the unions executive board meets
in Pittsburgh this week and could
review it's stand against signing
the affidavits.