Evening star., 1948-08-03
Effort 10 EmascuIate
Taft-Hart|ey Act Seen
In Boeing Labor Case
Ruling Of NLRB Aide
Opens Way to Disregard
Safeguards on Strikes
Bv David Laurence

Efforts to emaSculate the Taft
Hartley Act by twisted and dis
torted interpretations Of the Ian
guage of the statute apparently may
be expected from some OF those
employees Of the National Labor Re
lations Board who were trained in
the Wagner Act days.
A very significant ruling has just
been issued by William E. Spencer,
regional director of the board for
the Seattle, Wash, area, in a case
against the Boeing Airplane Co. If
Mr.. Spencer's ideas of the law
are to prevail, then the way Is
opened for complete disregard OF
the Taft-Hartley Acts safeguards
against strikes called overnight.
The union at Boeing-knoWn as
Lodge 751-had a contract with the
company which ran from March 16,
l946 to March 16, 1947, but which
also contained a clause saying the
contract was to remain IN full
force thereafter until new agree
ment has been reached by the par
ties either through negotiation or
arbitration"
UItimatum BY Union.
The negotiations for a new con-
tract continued after March 16,
1947, and the union worked under
the existing terms and conditions.
The negotiations finally reached a
climax when an ultimatum was is
sued on April 20, 1948, by the union
stating that, unless its final offer
were accepted by noon OF April 81,
1948, the union reserved the right
ito take appropriate action includ-
ing a work stoppage." A strike oc-
Cured on the next day.
The company alleges that Co.
day written notice of an intended
work stoppage is required by the
Taft Hartley Act and hence it has
refused to regard the members of
the union who went out on strike as
having the status of employees after
they went out on strike.
The regional examiner rules that
a reasonable time" had elapsed
and that he conStrues. Congress to
have intended that contracts which
have interim agreements for con-
tinuance of work after regular con-
tract dates have been passed should
be reasonably construed"
But Congress didn't say any such
thing. All Congress said is con-
.tained in the law itself apd its pro-
visions explicitly say that where
collective-bargain contract is in
effect, there must be 60-day no
tice given. Mr.. Spencer rationalizes
that the very existence of series
of negotiations after the actual date
Of the contracts expiration had
passed was sufficient notice in itself.
But the language of the Taft-Hart-
ley Act says a written 60-day no.
.tice must be given even in those
cases where there is no expiration
date mentioned in the contract.
q. No Written Notice Given.
All that the union had to do was
to file a written notice during the
negotiations saying that after Co.
day period it reserved the right to
engage in a work stoppage. At no
time during the protracted negotia-
tions would such step, have been
Impractical. Whether it was over
looked or avoided isn't of much
avail now, for the fact is that no
60-day notice was given but an ul-
timatum was issued ending the
negotiations within "a hours.
Plainly Congress intended to-
avoid such contingencies. Where
parties to an agreement continue to
work on after a contract has eX-
pired, they attain the same status
as under those contracts mentioned
in the law wherein no expiration
date has been stipulated and yet 60
day notice is required.
1t is conceded by the general
counsel of the National Labor Rela-
.tions Board, Robert Denham, that
the interim contract In the Boeing
case continued in effect after the
first expiration date but the regional
examiner, Mr.. Spencer, argues
nevertheless that reasonable" no
tice had been given though the evil
dence doesn't show any written
record Of notice such as the Taft
Hartley Act specifically requires.
If regional examiners or the labor
board itself, which must shortly rule
on the case, can rewrite the Taft
Hartley Act to provide for "rea-
sonable" notice instead of the 60
days required in the law itself, they
can rewrite other provisions, too.
This would certainly not be SYM
pathetic Interpretation of the intent
Of Congress.
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