Evening star., 1948-04-07
Coal Strike Question
Hinges on Respect
For Court Order
Judiciary Broneh Of U. S
Will Be Seen as Failure
If Lewis Ignores Writ
Bv David Laurence

Ii the truman adminiStr alton
pursues in good faith the strategy
It began IN the courts by asking for
an injunction to end the coal strike,
q question Of transcendent impor-
tance in the history of industrial
relations may be decided.
It Is whether labor union Is af-
fected with public interest and
can be subjected to commands of
the law Just as is q corporation.
The injunction just issued requires
that John L. Lewis order the miners
to go back to work.
Is this contrary to the rights OF
the Individual? Obviously no man
can be compelled to work against
his will. That would be involuntary
servitude. But on the other hand
when labor union functions, 1t is
engaged in collective and not in
dividual action.
Not an Individual Affair.
The right Of labor union to issue
strike orders Is not an individual
affair. 1t is the action of a collective
entity, the same as the action of a
corporation. The Congress has full
power to regulate labor unions and
their activities. This was decided
by the Supreme Court Of the United
States when, in 1885, it upheld the
constitutionality Of the Wagner
Labor Relations law. That decision
put into effect compulsory collec-
tive bargaining. 1t ordered en-
ployers to sit down and talk with
representatives of the employees. The
degree of compulsion is not as per-
tinent as the fact that Congress has
power to compel certain actions by
employers and employe representa-
tives.
The Taft Hartley law was passed
on the theory that if Congress al
ready had power over employers 1t
had similar power over employe
organizations. The corporation and
the union stand in the same re-
lationship. to congressional power.
When Mr.. Lewis, therefore, re-
ceives a command to order the work.
ers of his union back to the mines,
it Is true that as individuals they
can disobey his command, but II 1t
be found that his instruction was
not issued in good faith or that it
was accompanied by secret word to
disregard the order, there can be
a contempt proceedings against the
union as well as its chief. Con-
certed work stoppages now are
amenable to legal restraint nc
matter how they are initiated.
There has been some talk that
the administrator would wait be-
fore asking for punishment on the
contempt charges, it being assumed
that the issues might be settled
meanwhile by negotiation. 1t is
obvious that the Truman admins
tration would like to avoid the po-
iitical complications of a contempt
proceeding when the presidential
campaign Is so near at hand.
Courts Dignity at Stake.
But respect for Congress requires
the administration to follow through
on its petition after a reasonable
length of time has elapsed for Mr..
Lewis to comply with the court order.
That might be a day or two or 1t
might be a week but in the end 1t
is difficult to see how Mr.. Lewis
failure to order the strikers back to
work can be ignored by the court
itself, which could summon the
miners official and ask him what
he has done if anything to- carry
out the courts wishes. II nothing
has been done, fine can be i'm
posed and, while the litigation may
be long drawn out, the risks of losing
some more Of the money paid in
as dues by the miners are substan-
tial.
There are many people, especially
In the ranks Of labor, who feel that
a union is immune from court or
der as long as the law says that
the right to strike shall not be i'm
paired or that individuals shall not
work unless they are able and will
ing. Neither Of these points Is at
issue now. The problem is whether
the miners union, before exercising
the right to strike, followed the pro-
cedure set forth in the Taft-Hartley
law and whether, after issuance OF
a temporary restraining order, the
wishes of the court are being full
filled.
In a sense, the main issue Is not
unlike what it was last year when
Mr.. Lewis defled a court order. The
real question turns on respect for
a court order. II Mr.. Lewis can
ignore injunctions, the judicial
branch of the Government will be
looked upon as having failed to
uphold both its dignity and its
authority.
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