Evening star., 1948-02-09
Printers Selling Up
Illegal Closed Shop,
|NLRb Warns Court
BY the Associotsd Press

| BY the Assoeioted Press
| INDIANAPOLIS, Feb. 9.-Gov-
ernment lawyers seeking a court
order against the AFL Interna-
tional Typographical Union said
today there is Imminent dan
ger" an illegal closed shop will
become an accomplished fact In
newspaper composing rooms to
the complete Illustration" of the
Taft-Hartley Act.
They told Judge Luther M.
Swygert that ITU officers have eco
nomic power to compel the Nations
newspaper publishers to become
"the unwilling partners to their un-
lawful pursuits" unless he issues an
immediate" temporary injunction
to stop them.
Those contentious were made in
a 15,000-word memorandum" which
the Office of Robert N. Denham,
general counsel of the National La
Dor Relations Board, prepared for
filing in court. Mr.. Denham signed
it, along with two of his top aides
who came here for the injunction
hearing.
ITU Attacks Law.
At the same time, in another
memorandum prepared for filing
today, ITU lawyers renewed their
attack on constitutionality OF sec
ton 10 CD of the Taft Hartley Act,
under which Mr.. Denham's office Is
seeking the injunction.
They told Judge Swygert he has
no right to consider merits of the
proposed injunction until the con-
stitutionality question has been en-
tirely settled.
Three Questions to Be Argued.
Today's opening session of the
ITU injunction battle, the biggest
and most complex injunction case
yet to arise under the Taft-Hartley
Act, was expected to be taken up
with arguments on three prelimi-
nary questions:
/. Whether the law violates the
Constitution. The union argued
that the injunction provision Is un-
constitutional in that it confers
other than judicial powers on the
courts and makes the courts q mere
link in an administrative process,
since the five-man NLRB will have
the final decision on whether the
union has violated the law
2. Whether Mr. Denham's office
was the proper agency to ask for
the injunction (the union says only
the five-man NLRB could do it,.
3. Whether other parties would
be allowed to take part in the in
junction hearing, such as the Ameri-
can Newspaper Publishers Associa-
ton which filed the original unfair
labor practice" charges against the
ITU, and the Chicago Topographic
cal local union, which has been on
strike against Chicago newspapers
since November "a.
Closed Shop Main Charge.
The main charge, among many,
against the ITU is that of insisting
on a continuation Of closed-shop
conditions despite the Taft-Hartley
ban. Gn a closed shop, the en-
ployer Is bound to hire only union
members and to fire anybody who
leaves the union).
The f1ve-man NLRB will even
tually rule on these charges.
| But today's Denham statement
said If the unions policy is not
halted by an injunction now, any
future NLRB action may be too late.
THE TITUS policy said the men,
orandum, is germ center of an eco
nomic paralysis which is rapidly ex-
tending itself from plant to plant
Hand by virtue Of which closed shop
land other unilateraaB imposed work
ling conditions are in danger of being
established as a fait accomph."''
HtAccomplished fact).
It also said the Taft Hartley reg
ulatory program is in imminent
danger of complete Illustration If
immediate relief from the situation
| Is not forthcoming"
Sees Strikes Welcomed.
The Denham statement said the
union and its officers did not hesi-
tate to employ, indeed they welcome
recourse to strikes, slowdowns, and
disruptions of = = bargaining rela-
tions as weapons by which to coerce
accession to their unlawful de-
mands."
The history of ITU-publisher
dealings in the last few months
was traced at great length and spe-
cific situations were described for
Chicago, Detroit, Rockville Center,
Long Island; New Bedford, Mass;
Jamestown, N. Y; st. Cloud, MINI:
South Bend, Ind, and Hammond,
Ind.
The injunction, if granted in the
form requested, would order the
ITU, its national officers, and its
agents not to insist on closed shop
conditions, not to coerce employers
in their choice of foremen, and
not to restrain employees in their
legal rights by refusing to bargin
in good faith
AS for specific local acts, such as
| the Chicago strike. 1t is hard to