Evening star., 1948-05-20
Lewis Tactics
Seen as Violation
OF Labor Law
Collective Bargaining
Must Be Pursued by Both
Sides on the Same Busis
Bv David Laurence

BY Davfd Laurence
The law of the land for every
body, including the miners union
and John L. Lewis, reads as fol-
lows:
1T shall be an unfair labor prac-
tice for a labor organization or its
agents to restrain or coerce an en-
ployer in the selection of his rep
resentatives for the purpose of COL
lective bargaining or the adjust
ment of grievances"
Yet in the face of this explicit
wording of the ft-Hartley Act,
Mr.. Lewis as the head of the
miners union has broken up a con-
ference of coal operators and union
representatives and has refused to
continue in any collective bargain
ing unless he is given the privilege
of vetoing the list of members OF
the operators group who wish to do
the negotiating.
1t would be equally illogical If
the operators had said that they
would not negotiate with Mr.. Lewis
and that in his place some other
representative of his union should
attend the sessions.
The mandate of the law is that
collective bargaining must be pur-
sued by both sides on the same
basis. The employer has no right
to tell the union who shall be on
their negotiating boards and the
union has no right to select the
personnel for the employers.
What Could Be Purpose?
In the face OF this clear phrasing
of the law, what then could be the
purpose of Mr.. Lewis in walking out
Of the conference because he didn't
approve Of the employer negotia-
tors? 1t could be that he believed
that between now and June 30,
when the present coal contract ex-
pires, the time Of the National
Labor Relations Board would be
taken up getting an injunction in
the courts and that a strike could
be called and negotiations resumed
afterward. 1t could be also that Mr.
Lewis is merely testing the willing
ness of the. Government to pursue
an unfair labor practice charge
against him in the wake of the two
injunctions secured on other
grounds.
The Justice Department is on
record as having asked this week
that the injunction be vacated
which was issued in connection
with the dispute over pensions This
particular order of the court. even
II continued, could not affect the
new controversy
1t may also be that Mr.. Lewis is
dramatizing his opposition to the
Taft-Hartley Act and trying to
make the other labor leaders seem
weak by comparison.
The technicality under which Mr..
Lewis is conducting his veto of the
presence of Joseph E. Moody of the
Southern Producers Association is
that the latter did not sign the
original contract. Actually Mr..
Lewis has been bargaining on an
industry-wide basis because he has
a CLOSED shop" in virtually all the
coal mines for which he is endeav-
oring TO negotiate contract. If the
employers wish to call in any out
sidefs, they may do so. There is
no requirement. in the law that only
signatories of a previous contract
can negotiate. Mr.. Moody can be
selected to represent the Northern
Operators even If he didn't act for
the Southern Operators
Law Safeguards Process.
But the Southern Producers Asso-
citation has Joined formally with the
northern groups to negotiate Ma
tion-wide contract. AS long as in
dustry-Wide bargaining is permitted
by law, it is the right of the en-
ployers who have signed industry
wide contracts in previous years to
seek to extend sectional contracts
by the same process. The question
OF how many or what mines or Sec
tions of the country shall be in
cluded In a contract Is one that is
Itself subject to collective bargain
ing when the negotiations begin.
The law safeguards the process it.
self. Hence the right of the en-
ployers to be represented by rep
resentatives of their own choosing
is as inviolate as the right of the
unions to select their own repre-
sentatives.
Already the coal operators have
filed with the general counsel OF
the National Labor Rela tions Board
petition asking that an injunction
be issued
This phase will take some time
and meanwhile, unless Mr.. Lewis
changes his mind, there will be no
negotiations. Instead. the Nation
will face the threat of another Ma
tion-wide coal strike. How Cor
greSs can spend its time worrying
about extra laws to- punish a few
thousand Communists who might
possibly try some day to over
throw the Government if the exist
ing enforcement agencies are asleep
and yet fail to pass laws to prevent
any man or organization from over
throwing the Nations economic |
system by paralyzing or withholding
It's fuel supply is something that |
Ueeds explanation.
(Reprodurtion Rights Reseryed