Evening star., 1948-05-21
Election Banned
For Union Shop
In 13 States
NlRB Rules Thut Lows
Barring Contracts Also
Prohibit Votes on Them
LEWIS INDICATES Rejection Of
New Bid for Contract Talks.
Page Az.

The National Labor Relations
Board ruled today that it Is pre-
cluded from holding union shop
elections in the 10 States which
have prohibitions or regulations
covering such forms of union
security.
1t was the boards first decision
on the subject growing out of the
att-Hartley Acts provision per-
mitting bargaining on union shops
where employees of firm vote for it.
Under the. union shop, an employe
must join a union within a stated
period after his hiring.
The decision, expected to have
widespread repercussions came in a
case involving six bakery stand en-
ployes of Giant Food Stores in
nearby Virginia and the District.
Only three of the IA Giant markets
were involved in the case-two in
the District and one in Virginia.
The board at first said 10 States
would be affected by the board ac-
ton, but later changed this to l3.
1t explained that In the six other
States special requirements are i'm
posed by State law, but that elec.
tlons could be held under the Taft
Hartley provisions anyway.
These six States are Colorado.
Delaware, Kansas. Massachusetts.
New Hampshire and Wisconsin.
A State law in Virginia bans the
union shop. However. the board
ruled that an election could be
conducted for the employees in the
District If the Virginia workers
were eliminated from the case. The
union involved is the AFL Retail
Clerks.
Decision Is 3 to 2.
The flVe-member NLRB split 3
to over the issue James j. Rey-
nolds, jr.; Abe Murdock and ]. Cope
land Gray held that the Federal
Taft-Hartley Act could not take
precedence over State laws. Chair.
man Paul M. Herzog wrote a dis
senting opinion, and John M. Hous-
ton concurred in it.
Ross Madden, Baltimore regional
NLRB director had refused to hold
the election on grounds it could
conflict with Virginia law. although
the employer had consented to It,
The broad majority said the Taft
Hartley Act in effect removes all
Federal restrictions upon existing
and future State legislation pro-
hlbiting compulsory unionsim L.
even where such legislation may
affect employees engaged in inter-
state commerce"
The NLRB had no estimate Of
the number of workers who would
be unable to obtain union shop
elections under the ruling.
Besides Virginia the States are
Arizona. Arkansas, Florida, Georgia.
Iowa, Maine. Nebraska. North Caro-
lima, North Dakota, South Dakota.
Tennessee and Texas.
Mr.. Herzog and Mr.. Houston said
they believed the board has legal
right to hold the election. but that
as an administrative question they
would be inclined to agree with the
Question Left to States.
The three majority members said
the Taft Hartley Act and its legis-
lative history make it clear that it
was "the intent of Congress to leave
to the exclusive Jurisdiction OF the
States the prohibition of union shop
agreements to the extent that pro-
in this respect now exists
or may hereafter exist in such
States"
The majority said federally-con-
Quoted elections in States banning
the union shop would lead only to
the circumvention and Illustration
Of State law"
Should the board hold elections
in States where the union shop con-
tracts are illegal, the majority said.
the board might find itself "in the
dilemma Of having to accept a viola
ton of State law as a defense
against an alleged violation of the
federal statute"
The action Of the board Is not a
case decision but an administrative
order Therefore unions may en-
counter difficulty in getting any
court review of the board ruling as
such,