Evening star., 1949-09-23
Union CHALLENGE
On A. B. & W.
Studied by ice
Workers Claim State
Usurped Authority
In Taking Over Buses

The Interstate Commerce Com
mission placed on it's docket to-
day the complaint lodged by the
union employees of the A., B. & w
bus lines. challenging the right of
the Virginia Corporation Commits
sion to operate the bus concern.
ate the bus concern.
The employees ask that the ICC
suspend or revoke the certificate
under which the company op-
crates. They contend Gov. Tuck
of Virginia and the Corporation
Commission have ursurped the
authority of the company to
operate in interstate commerce
and that the company, by &C
quiescing, has violated the condi-
tions under which it holds it's
certificate of convenience and
necessity from the ICC.
The employees contend also that
the Virginia public utility no.
strike law, under which the State
took over the bus company. is
unconstitutional.
Operators Since July FL.
The Virginia commission has
been operating the concern-the
Alexandria, Bancroft Washington
Transit Co.-since July 81. 1t
took over the company on that
day to maintain service in the
face of plans for the employees to
strike to enforce their demands
for a 30-cent an hour increase in
wages and other benefits.
The complaint was lodged by
Local 1,131 of the Amalgamated
Association of Street. Electric
Railway and Motor Coach En-
ployes and the locals president,
Fred Dominy of Alexandria.
The company, the Virginia
Corporation Commission and Gov.
Tuck are named defendants.
The petition says that, under
the provision of the Virginia Pub
lie Utility Law, the State may
continue to operate the company
for many years. While this is
done. the petition states, the only
penalty the company suffers is
payment of Is per cent of the net
profits to the State.
Sees Benefit to Company.
Since the amount of the wage
increase sought by the employees
is more than Is per cent, and
since the employees cannot strike
while the company is under State
operation, the employees assert.
"the company is in better po-
sition by continuing indefinitely
to permit operations of the busi-
ness by the State under such pub
lie utility seizure law"
BY permitting the State to op-
crate the bus line, the petition
states, the ICC would be lending
assistance to evasion of the Ma
tional Labor Relations Act. Ac-
cording to the compliments, the
ICC thus would prevent the work.
ers from obtaining the benefits OF
collective bargaining, including
higher wages and better working
conditions. 1t is contended that,
for this reason, the Virginia no
strike law is unconstitutional.
The company transports about
$4,000 passengers every day,
chiefly between Washington and
points nearby in Virginia. The
employees maintain that, since 85
per cent of the passengers are
carried beyond Virginia's boun-
diaries, the State is acting Illegally
and encouraging disregard for
ICC authority.
First Attack on Law.
The complaint was filed for the
union by the firm of Woll, Glenn
g. Thatcher, attorneys for the
AFL. John R. Foley, associated
with the law firm, said the COM
plant makes the first attack on
the Virginia law as far as Con-
stitutional issues are involved,
although a final determination OF
that point, of codrse, would have
to be made by the courts.
The defendants will have 20
days in which to file their an
SwerS.
Mr.. Dominy said the wage ne
gotiations between the company
and the union are at a stalemate.