Evening star., 1948-05-21
Coal Strike Declared
Almost Certain 10
Begin on July 5
Injunction Won't Bring
Miners Back Without
Contract, Says Writer
Bv David Laurence

by D6Ufd Laurence
It's almost certain there will be
a coal strike beginning July 8 next.
Whether 1t can be ended by a
Federal Injunction seems doubtful,
for the circumstances will be some
what different from any that have
occurred before.
Back OF the decision Of John L.
Lewis to refuse to bargain with the
coal operators because they will not
let him veto the list of personnel
representing the employers in the
negotiations Is a deeper and more
fundamental piece Of strategy. He
objects particularly to any repre-
sentative from the Southern Coal
Operators Association. This hap
pens to be the largest single group
Of local operators in the National
Conference.
The total tonnage mined by tie
southern group is about twice that
of any other single group. AS a
matter of fact, they would Ike to
bargain as a separate group, anyway,
as they prefer ditferentials in wage
rates and different clauses in their
contracts, but inasmuch as Mr.
Lewis negotiated separately with
the northern group last year and
then compelled the southern group
to accept the same terms, the
southern companies decided they
mad better have voice in the orig
inal negotiation.
Voice in Negotiations.
II Is technically true that last
year the southern group was not a
party to the original contract and
that they made a settlement along
the same lines separately. 1t is also
true that in certain of the previous
years the southern group Joined
with the northern group In making
the initial contract. There is no
rule OF law permitting the bar
gaining agents to be permanently
determined through an agreement
between certain employer groups
and the union. Each year presents
different questions. A contract can
be signed between unions and en-
ployers agreeing to exclude others
from participating, but under the
Hartley Law such contract
cannot supersede the collective bar
gaining responsibilities and obli-
cations of a union. No private con-
tract can supersede the law OF the
land.
Whenever the operators wish to
bargain as a group they alone have
the right to say who shall sit in on
the negotiations.
When Mr.. Lewis named three
men who, he says, have it within
their power to prevent coal strike,
he Is merely trying to get those same
three men to take the responsibility
for an initial contract which could
be forced on the other operators
without giving the latter voice in
the negotiations. But the three men
-Messrs. Fairless of U. S. Steel,
Humphrey of Consolidation Coal
Co. and Francis of Island Greek
Coal-are not likely to break away
from their own employer group and
negotiate a separate contract no
matter how Mr.. Lewis may urge
such a course of disunity.
If any of the coal operators said
they would like to negotiate a sep
arate contract with miners in cer-
tain States and negotiate with
another group Of coal unions in
other regions and ignore the top
miners union, the speed with which
the miners union counsel would run
to the National Labor Relations
Board to get an injunction would
be record-breaking. Although the
union bosses prate loudly on the
subject of injunctions, they never
seem to mention that the Labor
Board has been issuing injunctions
against employers under the Wagner
Act ever since 1885.
Notice on Contract Filed.
There is reason to believe that
Mr.. Lewis really isn't interested in
early negotiations with the opera
tors and that he never would have
begun negotiations at all had 1t not
been for the notice given by the coal
operators of the termination Of their
present contract. The rumor is
that Mr.. Lewis never intended to
give notice of termination as re-
quired under the Taft-Hartley law,
but was forced into it because the
operators did so, as they were ad-
vised by counsel that both parties
had to give at least so days notice
when a contract was approaching
its end.
The present contract in the coal
mines ends June 80, but from June
26 to July S. the present contract
provides for a vacation" during
which time the miners get S100 each.
Since there are 100000 miners, the
vacation money amounts to $40
100000 which the companies really
contribute toward financing the
miners on their holiday" or on their
strike If the holiday" Is extended
But once the miners are out and
the contract has expired, how can
the Government by injunction get
the miners back to work? If there
has been no settlement in accord
ance with the Lewis demands-and
he probably will raise the pension
issue again-the strike will continue
through the summer. There is talk
Of another Federal injunction on
the ground that the union can be
held responsible for the fact that
the miners stay away and that Mr..
Lewis can be ordered by the courts
to instruct the men to go back pend
ing the usual negotiations required
by the Taft Hartley Act.
But there's a strike ahead and
It will come just before the President
is up for denomination at the Phila-
delphia convention on July IL.