Montana labor news., 1948-08-26
SUPREME COURT TO
TEST T"AFT-HARTLEY

An early Supreme Court test of the
constitutionality of nearly all provisions
OF the Taft-Hartley Act, is in the max
ing in a case being considered by the
National Labor Relations board at
hearings in Los Angeles. These hear
ings are now i'll their third week.
A local OF the National Farm Labor
union, AFL, on strike against the 100
million dollar Di Giorgio Fruit cor
poration ranch near Bakersfield, Calf,
two locals Of the Transfers union and
one Of the Winery and Distillery Work.
ers union. are accused of violating the
secondary boycott provisions of the
Labor Management Relations Act.
The NLRB is conducting hearings to
determine whether or not a temporary
federal court injunction shall be made
permanent, and the unions penalized for
violating the law.
Attorneys for the four local unions
alexander H. Schullum and Joseph F.
Galliano) are building up their case
for a test by the U. S. Supreme Court
of nearly all features Of the Taft-Hart-
ley Act.
The union attorneys have challenged
the right Of the labor board to enjoin
peaceful picketing, alleged to be a Sec
ondary boycott. In this case they
maintain that not only are the charges
unfounded but that the unions have a
right to picket, which is as elemental
as free speech.
They are also attacking the rule OF
labor unions by government injunction
issued at the request of an NLRB m
ploye on SUSPICION that the law is be-
ing violated, when the law gives no
opportunity to the unions to challenge
the ISSUANCE of a federal court ~injunc-
ton.
The unions lawyers have bitterly
denounced a practice permitted in the
Los Angeles hearing OF allowing the
counsel for the corporation to assist the
NLRB attorneys in trying the govern
ment's case. At one point. the union
attorneys threatened to walk out Of the
hearings when it was shown that the
governments witnesses had been duped
by heir employer with the %connivance
of the National Labor Relations board,
into signing ~affidavits and swearing
falsely against the unions in federal
court. One such witness admitted per-
Jury on cross examination.
Other isues at stake are the discrim-
inatory features of the Taft-Hartley
Act, exempting agricultural workers
from any benefits Of its provisions but
at the same time, penalizing their or
ganization. Appeals have been made
| to the board in Washington for a ruling
as to what constitutes a labor organiza-
ton in the meaning Of the law. Earlier,
| the regional director for NLRB had
| refused to hold a hearing on petitions
by the Farm Labor union for an cleo
| ton and charges against the Di Giorgio
Fruit corporation for unfair labor prac-
tees.
Fl. L. Mitchell, president Of the Ma
tional Farm Labor union in Washing
ton. d. c., issued the following state
ment as the NLRB hearings started in
| their third week: I'VE believe that
more is at stake than the welfare Of
LOO poorly paid farm workers in Cali
fornia. We feel that if this law can be
used by an employer to destroy a union
Of agricultural workers, then it can be
| used to break any kind Of labor organ
i~zation. We are anxious to see whether
or not the U. S. Supreme Court intends
to smash all labor organizations in the
U. S. A. as the labor board seems de-
termined to smash the National Farm
Labor union"
Meanwhile, the strike Of the Di
! Giorgio workers goes into its eleventh
month, with pickets on the 2O-mile-
long line about the ranch, holding their
own in spite Of beatings, shootings, ar
rests, frame-ups and government in
functions. Word has been received
that James Price. president Of the local
union on strike, has now recovered from
gunshot wounds inflicted by hired gun
men in an attempt to assassinate the
strike leaders on May 18th. Back on
the picket line, Price said: mo matter
how the case turns out, with the help
of organized labor, we intend to fight
this thing to a finish. It's fight or
starve for us, and we know we can't
give up