Evening star., 1949-01-30
Step-by-Step Summary of Proposed Labor Bill
BY the Assoeiofsd Press

"titles."
Title I says the Taft-Hartley Act
IS hereby repealed"
1t also says the Wagner Act Of
1885, as it existed prior to the pas
sage of the Taft-Hartley Law in
1947, is thereby re-enacted."
And then it says the Wagner Act
is amended to read as follows"
The rest Of Title I consists OF
changes and additions to the Wag-
ner Act. Some of these additions
are similar to provisions of the Taft
Hartley Law.
Before listing these proposed ad-
ditions, let's see what was in the
Wagner Act Of 1885.
Wagner Act Cited.
The Wagner Act guaranteed the
right of workers to organize into
unions and bargain through repre-
sentatiyes of their own choosing. 1t
provided for a three-man National
Labor Relations Board to prevent
employers from interfering with
those rights. 1t listed unfair labor
practices" which employers must
avoid. but listed none for unions.
Now for the changes which are
proposed in the new bill:
The first change would provide
for a five-man NLRB, with salaries
of $l7,500 year, instead of the
Wagner Acts three-man board with
$4,000 salaries (the Taft-Hartley
Act has a five-man board with $12,-
900 salaries.
The next provision in Title ]
says in effect that the board shall
drop all cases involving Taft-Hart-
ley Act violations-unlesS the con-
ouct in question also would be q
violation of the new law. How
ever, the board still could prosecute
employers for unfair labor practices
occurring before the Taft-Hartley
law went into effect August %,
1947, if the unions charge was
fled before January l, 1949.
Secondary Boycotts Outlawed.
Then comes a provision in Title
that is headed:
"Unjustiflable secondary boycotts
and jurisdictional disputes"
This provision says: Experience
has demonstrated that certain
unjustiflable conflicts between or
among labor organizations lead to
strikes and other forms of industrial
strife and that the failure OF
employers to maintain neutral po-
sition aggravates and prolongs these
conflicts. The public interest re-
quires abatement of such industrial
strife through just, peaceable, and
final settlement"
The term secondary boycott" is
defined as "a concerted refusal in
the course of employment by en-
ployees Of one employer to produce,
manufacture, transport, distribute,
or otherwise work on articles, ma
terials, goods, or commodities be-
cause they have been or are to be
manufactured, produced, or distrib-
uted by another employer"
Unfair Practices Listed.
1t is made an unfair labor prac-
tice" for a union to try to cause
workers to engage in secondary
boycott or q concerted work stop
page" (strike) in order to compel
an employer to bargain with the
union under certain conditions.
Here are the conditions:
(a) If another union has been
certified by the NLRB as the repre-
sentative of the workers.
CD If the employer is required by
q board order to bargain with an
other union. -.
(c) If the employer 'is currently
recognizing another labor organiza-
ton (not established, maintained, or
assisted by any employer action
defined in this act as an unfair labor
practice) and has executed col
lective-bargaining agreement with
such other labor organization, and
q question concerning representa-
ton may not appropriately be raised
under section 8 Of this act"
(Section 8 of the Wagner Act
authorizes the NLRB to deter
mine by plant elections or other
methods what union shall repre-
sent the workers, and to decide
In each case whether the bar
gaining unit shall consist Of work.
ers in a certain company, certain
craft, q certain plant or portion
Of q plantD
Jurisdictional Disputes.
That takes care Of certain kinds
Of boycotts and jurisdictional strikes
the kind where 0 union Is trying
to knock another union out OF its
position as bargaining representa-
tive.
But this provision of the bill
deals also with interunion fight.
over the assignment OF work.
It defines q "jurisdictional dis
pute" as "a dispute between two
or more labor organizations (not
established, maintained, or assisted
by any employer action defined ir
this act as an unfair labor prac-
tice) concerning the assignment OF
prospective assignment OF par
ticular work task by an employer
Whenever a jurisdictional dispute
results In q strike or boycott, o.
threatens to result in one, the NLRE
may hear and determine, or ap'
point an arbitrator to hear and de-
termine, the dispute, and issue az
award
Before hearing the dispute, thu
board must give the unions involved
"a reasonable opportunity to settle
their controversy"
Employer to Be Heard.
During the hearing, the employee
in the controversy shall have al
opportunity to be heard.
When the award has been issued
it becomes an unfair labor practic'
for the losing union to try to over
throw it-that is, Ito cause or at
tempt to cause employees to engag
in a secondary boycott, or a con
certed work stoppage, in further
ance of a jurisdictional dispute
such labor organization is seekin
to compel an employer to assigl
a particular work task contrary t
an award made under this act.
It also becomes an unfair labo
practice for the employer ito re
<,,en ~ occiny, rorfirl1lor Unr