Evening star., 1948-02-25
ITU
Continued From First Page.)

contention in respect TO this type
Of remedy Is, OF course, untenable. !"
Expeditions Dissemination.
The opinion set out that there
was nothing IN section I0-J @or In
the other parts Of the act indicat-
ing that the court, In granting the
board temporary relief or q restrain
ing order, may not mold its decree
in such fashion rs not only ia
achieve an expeditions determina-
tion by the board, but also TO avoid
II possible determining IN effect the
actual merits of the issues which
the statute requires the board. and
not the court, to adjudicate. "
The Taft Hartley Act permits
the court to render that equitable
relief which 1t deems just and proper
as indicated by the circumstances
Of the particular case, so that pub
lie rights, as well as private rights,
are protected during the pendency
Of the controversy before the board, .
the opinion said.
Ruling out the unions conten-
ton that the NLRB lacked au-
thority to delegate its power to
seek injunctions under the act and
that the general counsel's ofiice had
no right to ask for the injunction,
Judge Swygert wrote:
"It is not unreasonable to as
sumo that Congress intended that
the board might delegate to the
general counsel duties equal In i'm
portance with those expressly
enumerated Gin the act)"
Policy Of Congress.
"The statute itself. as well as its
legislative background, indicated
that it was the purpose and policy
of Congress to separate the judicial
functions of the board from any
prospective or investigative func-
tions," the opinion went on.
"The consistency of such q delega-
ton with the Congressional intent
to sever the judicial functions OF the
agency from its prosecutive actiV-
ties Is emphasized when the author
ity to initiate interlocutory proceed
ings' for temporary relief under
section 10-J Is more carefully con-
sidered.
IF the board itself were to pc
tition the court for such tempo
rary relief, not only would it be per-
forming function Of a prosecutive
nature, but also it would have con-
sidered, ex parte, facts which relate
to the very issues upon which the
board must ultimately pass In its
quasijudicial capacity.
Shadow Of Partially.
at is reasonable to assume that
such prosecutive action and pre-
judgment on the part of the board
might tend to cast the shadow OF
partiality upon the further and
principal proceedings before the
board"
The office of Robert N. Denham,
general counsel for the NLRB, is
seeking the court injunction as q
temporary stopgap to prevent the
ITU, in its dealings with newspaper
publishers, from following policies
which the Denham Office has
charged are unfair labor practices.
The NLRB, in a case now pend
ing, ultimately will decide whether
the union is guilty.
Clarence Martin, who is repre-
senting the ITU as local counsel,
could not be reached for comment
on Judge Swygert's ruling.
NLRB officials in Washington said
it was the first court decision which
has ruled specifically on the consti-
tutionality of the Taft-Hartley.
Acts injunction processes. (Other
Judges have granted injunctions un-
der the act without finding 1t nee
essary to deal with the constitu-
tionality question:
Henry Kaiser, who with Gerhard
n. Van fArkel, Is co-counsel for the
union, said there that . statement
might be issued later.
In Chicago, Mr.. Denham said
Judge Swygert's action clears the
way for disposition Of the real issues
in the injunction proceeding"