Evening star., 1948-04-13

the M. A. Hanna Co. and the Wilson
Transit Co.
The NLRB's reason was that the
union had not complied with the
registration and afhdavit provisions
of the law, Sections (FD, Q (G)
and 8 CID.
Hearing Held February 2.
The registration provision requires
that unions register with the Labor
Department and file statement OF
finances.
The special three Judge court held
q one-day hearing February 2.
Lawyers for the union argued that
the non-C Communist and registration
provisions interfere with freedom of
speech and assembly, and deprive
people of liberty without due process
of law.
They said the Constitution gives
the people all rights not specially
given to the Federal and State gov
ernments. They said these rights
reserved to the people include free
dom to organize, to make contracts
and to bargain collectively. They
said the provisions of the act de-
prive the union of all those rights.
Attorneys for the NLRB, In reply,
argued that Congress has a right to
encourage collective bargaining,
that the Communist Party inter-
feres with collective bargaining by
considering unions primarily as "po-
litical weapons" and therefore Con-
gress had right to prevent such
interference.
Congress Action Held Justified.
In today's decision, the majority
said
IF the view, so widely held, that
communism is, in general. menace
to our form of Government, justifies
congressional inquiry, then it must
follow that when there were added
to that general threat numerous
specific instances in which Com
munists have used labor unions to
do harm to the national economy,
Congress was justified in refusing to
give them a statutory advantage
(the acts privileges with which
more effectively to injure the public
interest. -
Our conclusion is that Congress
advisedly and justifiably provided
that labor organizations whose off,
GERS decline to deny membership in
or afiliation with the Communist
Party shall not be eligible to as
sumo the important statutory role
of exclusive bargaining agent.
I'VE have concluded that Con-
gress validly excluded from the en-
joyment of the statutory advantage
(given unions by the act) any union
having Communist as an officer.
Neither the officer nor his union
has constitutional right to the
advantage offered by the act; con-
sequently, if union officer stands
on his freedom of speech and de-
clines to execute the affidavit, it is
his decision to remain silent which
excludes his union.
Extraordinary Privilege.
His voluntary act deprives his
organization, not of a constitutional
right, but of a statutorially created
and extraordinary privilege"
Distgreeing, Justice Prettyman
said:
1T seems to me that the (ma jor-
ity) opinion proceeds as though the
problem were merely what to do
with the Communists.
That might indeed be simple, but
that is not the problem.
The problem is how to deal with
the Communists and at the same
time preserve inviolate the free
doms of speech, press and assembly.
1t Is not disposition of the Com
munists which creates the difficulty;
it is the First Amendment.
The First Amendment to the Con-
stitution is the one guaranteeing
freedom of speech, press and as
sembly.
Might" Not would" Stressed.
In his dissent Justice Prettyman
also stated: 4 49,
" 1t next seems to me that
Congress could forbid to all men,
bers of a named political party
certain specified privileges only If
it be a fact that members of that
party would misuse those privileges
and impede their public purpose.
"The Government takes a differ