Evening star., 1948-11-28
CIO Attack on Denhum
Shows Radical Objective
NLRB General Counsel O TARGET
OF Union Leaders Policy

SslOVS > sNNSsSs
NLRB General Counsel q TARGET
OF Union Leaders Policy
By Gerard ID. Reilly
While the men who control the C1O nave
been engaged in studied attempt TO piacate
public opinion this week by interspersing the
convention proceedings with denunciation OF
communism, only the most superficial observer
would infer that the organization has lost
sight of its radical economic objectives ana 10
now resigned to settle down TO an ostenslole
role of organizing employees for collective par
gaining within the framework Of the free en-.
terprise system The unbridled attack upon
Robert N. Denham, general counsel OF the Ma
tional Labor Relations Board, shows that the
leaders are still determined to eliminate from
the Federal Government any official not thor"
oughly imbued with CIO philosophy.
It is significant that the principal attack on
Mr.. Denham was made by Arthur Goldoergs
the new CIO general counsel Until this speecns
Mr.. Goldberg, by his relatively moderate oe"
meanor, had made a refreshing contrast TO his
predecessor, Lee Pressman, who quit the C1O
last summer to take over the management OF
the Wallace convention and to run as can"
didate for Congress on the Wallace ticket.
OLlCe MI IOlQpcIS "dS dPpoAlCco w AAAS
present post after the Socialist faction headed
by Walter Reuther of the United Automobile
Workers and Jacob Potofsky of the Amalga-
mated Clothing Unions gained control of the
CIO Executive Beard it is obvious that his
address to the delegates was approved by the
ruling clique. This is the group whose newly
acquired power convinced Philip Murray this
fall of the iniquitous character Of the leaders
of the Communist dominated unions, which
leaders are neither more nor less iniquitous
today than at any time in the eight-year period
during which Mr.. Murray was their constant
defender and ally.
Mr.. Goldberg Is too experienced lawyer to
be unaware that Mr.. Denham has been scrupu.
lously fair in prosecuting union as well 40
employer cases under the amended Wagner
Act The creation of union welfare funds 10
one Of the chief demands being made by CIO
spokesmen today. It is largely due to the
vigorous enforcement action Of Mr. Denham's
staff that United States Circuit Court Of
Appeals recently upheld the controversial de-
cision Of the National Labor Relations Board
ordering the Inland Steel Co. to bargain with
the steel workers union on a pension plan.
The general counsel personally was responsible,
moreover, for authorizing suit for an injunc-
tion against General Motors upon charges filed
by the UAW-CIO after the corporation pro-
posed to institute welfare plan for the em-
ployes without consultation with the union.
This was one of the rare occasions in which a
discretionary application for injunctive relief
was made in a case involving purely local
breach of the act.
The fact that no CIO union which has
complied with the filing requirements of the
Taft-Hartley Act Financial statements and
Communist Disclaimers has any ground for
complaint with respect to the expedition with
which Mr.. Denham has acted on their cases
suggests the CLOS hostility to him Is based
upon something more basic than personal
spleen. It indicates that the CIO is trying
to get the office itself abolished. This means
that what 1t has in mind Is not merely
repeating those provisions of the act which
restrict such union abuses as the closed shop.
the coercive picket line and the secondary
boycott, but even the mild procedural reforms
for securing fair decisions by the board.
One of those reforms was the formal sep
aration Of the prosecuting and judicial func-
tions. This was accomplished by creating .
new statutory officer appointed by the Presi-
dent, subject to Senate confirmation, called
the general counsel. Under the act he was
placed in charge of the investigating and
prosecuting work in the regional Offices and
is vested with final authority to issue COM
plants when it appears that charges fled
by private persons have merit.
While conferring this authority on one man
was criticized by opponents of the act, it La
actually no greater than the authority pos
sessed by the commissioner Of internal rev.
enue or the administrator Of the Wage and
Hour Division. It is considerably less than
that enjoyed by the Attorney General The
creation of this Office left the board free
to concentrate on the assignment Of trial
examiners and on the actual hearing and
final determination of cases.
Under the old Wagner Act the board was
charged with the duty Of issuing complaints
as well as deciding cases. This led one Circuit
Court Of Appeals to characterize the board
Is acting as prosecutor, judge jury and exc.
cutioner." It also caused many ntigants to
feel that the board had prejudged cases before
hearing. In reality this feeling was largely
groundless 50 far as the board members were
concerned, for they were so overburdened with
passing on the work Of contested cases that
they were forced to delegate the authority
to issue complaints to subordinate personnel.
Thus the board itself was generally unaware
of the issues in any case until the hearing
was over and briefs and exceptions were filed.
This practice, however, did produce situations
in which cases were actually rugged. A num-
Der of radical employees, more interested In
furthering the CIO cause than in preserving
the integrity Of the administrative process,
managed to inf1ltrate themselves into positions
of trust. Cases having no merit were frequently
set for hearing at times which conceded with
q CIO organizing drive. Representatives Of the
CIO were alert to exploit this situation and
their intrigue caused needless harassment Of
employers, rival unions and individual workers.
Honest field employees frequently complained
that they thought they were working for the
CIO rather than the United States But the
board members, preoccupied with heavy case
load, were unable to give adequate time to
problems Of internal administration.