Evening star., 1948-04-09
Lewis Missing Point
In Writ lnstructinq
Miners 10 Return
Law Does Not Ask Proof
Of Who Is Responsible
For Work Stoppoge
BY Dapid Laurence

John L. Lewis seems to have
missed altogether the point in the
original injunction issued by Judge
MCGUIRE ordering that instructions
be sent to call the coal miners back
to their jobs.
MIR. Lewis seems to think that the
Issue Is whether or not he initiated
the strike or persuaded the miners
to leave their jobs in the first in
stance. His response thus far, writ
ten in legal terms, claims that he
did not have anything to do with
initiating the walkout. He must be
believed on this point. In all proba-
bility the union organization saw
to 1t that Mr.. Lewis had nothing to
do with the origin of the strategy
though it might be a difficult thing
to prove he was entirely unaware
Of it.
But If Mr.. Lewis didn't initiate it
isn't he blameless under the in
junction? The law does not say that
st1ere must be proof of who Is re-
sponsible for a walkout before an
Injunction can be properly issued.
There Is nothing in the statute
which deals with methods or pro-
cedures In bringing about a strike
Recognizes Work Stoppage.
The Taft-Hartley law merely rec
ognizes a work stoppage as in exist
ence. 1t stipulates that court may
issue an injunction to end such a
work stoppage. If the court chooses
to serve an order on Mr.. Lewis, as
president, or on any or all of the
subordinate officers, even down to
the local district level, it may do so.
1t isn't necessary either to prove
that these local officers called the
strike. All that the law saws, in
effect, Is that the Government may
order the strike ended.
The mine workers spokesmen
take refuge in the legal truth that
no man can be forced to work
against his will. But they overlook
the fact that union organization
as such can be forced to do a lot
OF things, including the issuance of
an order to the members to 60 back
to work.
While the members may decline
to obey. 1t is doubtful if they would
do so unless coached in some man.
ner or unless in advance some code
word has been agreed upon which
must be used in the order before
IL is recognized as bona fide back
to-Work call.
Should Mr.. Lewis or any other
offlcer fall to send out any bona
f1de order and subsequently be
found guilty of such evasion, 1t
would be a serious offense punish
able by a jail sentence on convic-
ton.
What the court order amounts to
Is an explicit instruction to end
the strike. If group of labor-union
ofticers confesses itself to be power
less to stop strike, it must first
prove that it has tried in good faith
to bring about such a result. There
were instances of inSincere appeals
by officers in back to-work move
ments during the war period and
there were examples of disobedience
after officers tried tc carry out
similar instructions when issued bv
the National War Labor Board.
But the erd result today is the
testing point for the court. The
Taft-Hartley law is broader In SCOPE
on such matters.
Could Punish Every Leader.
Should labor union which is
national in authority refuse to send
out the necessary orders, every off,
GER OF that union could be punished
by the court after trial and con-
viction. The argument that the
present procedure is unconstitu-
tional was heard a year ago when
Mr.. Lewis ultimately succun1bed to
the courts order while he awaited
Supreme Court Interpretation.
There Is every reason to believe
that II Mr.. Lewis defies the courts
temporary order, the case will be
sent to the Supreme Court Of the
United States In a matter of DAYS.
The fines imposed for disobedience
could be bigger than they were last
time.
The general impression at this
writing Is that Mr.. Lewis will order
the strikers back to work under
the terms of the court order and
that he will not risk the big fines
that might come If he made the
issue enc of disobedience of a court
order.
A few days more can elapse be-
fore the situation can become acute
but the general expectation in
Washington has been that before
the middle of next week the miners
will have been ordered back to
work by their officers and that
most, II not all, will comply.