Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-06-09
Antitrust Action Seen
II Producers Ordered
Shutdown Like Lewis
UNIV Head Openly
and UnequivoeoIIy'
Seeks to Curb Output
By Darid Laurence


or any regional group of coal pro-
ducers should send out a notice
ordering all member operators to
close down their mines because
Of overproduction Of coal, the De-
partment of Justice would
promptly order a suit to be filed
under the antitrust laws alleg-
ing a restraint Of trade"
But John L. Lewis. as head Of
the United Mine Workers OF
America. openly and unequivo-
cally asserts the right to regulate
production. The reason given is
frankly expressed In an unprece-
denied statement:
The magnificent production
efforts Of the mineworkers dur
ing the current year have created
menacing instability in the min
ing industry. Results are appar-
ent in more than adequate ton
mage for the domestic and ex-
port market: irregular and brok-
en- working time affecting some
hundreds of thousands of men,
while other mines work steadily;
economic inequities affecting the
mineworkers; and a general con-
dition of instability throughout
the whole industry. Inescapably,
continuation of this folly will
eventuate irreparable damage to
Our basic industry and the ma
tional economy"
Unprecedented Except Under NRA.
The instructions to local unions
by Mr.. Lewis further points out
that the work stoppage OF q
weeks duration will contribute
constructively to the abatement
of the current economic demorali-
cation"
Up to now, with the single ex-
ception of the famous NRA days
when codes for industry were per-
mitted by Government sanction.
there has been no such concerted
action by a labor union acting
alone and without collaboration
with an employer group.
The Supreme Court OF the
United States held that Congress
could not delegate such power to
any private group. Yet In the
case OF the mineworkers' state
ment. the right to regulate pro-
duction is asserted by private
group. There appears now to be
no legal barrier to such step, as
MIRA was repealed. The words
restraint of trade" do not apply
TO labor unions. Collective bar
gaining powers which have led.
through the closed-shop device.
to the formation of a national
monopoly on the hiring side now
turn out to be q monopoly also
on the matter Of regulating pro-
duction through periods Of what
Mr.. Lewis calls a "stabilizing Pc
Rod of inaction."
Seeks to Better Unions Position.
There will be some employers
who will agree with the Lewis
viewpoint except that they will
argue that an industry should be
permitted to close down by agree
ment of the producers. This is
an old-fashioned point of view
and. if adopted, could lead even
tually to the concept Of industry
cartels which was, in fact, the
essence of the MIRA code au-
thority plan.
Mr.. Lewis avowedly wants tol
improve the Notwithstanding
position Of his union, and no
where in the statement is there
any reference to labor dispute.
The sole justification given for
the work stoppage is to bring
about sterilization in major in
dustry.
No doubt there is an oversupply
Of coal today and the minework-
ers' union would like to approx
mate once more the conditions of
scarcity that have permitted the
producers to charge the public
high prices which. In turn. have
permitted higher wage levels.
The spectacle, however, Of an
industry. whether through the &C.
ton Of O national closed shop un-
ion or through employers pub
licly putting out a statement,
claiming the right to regulate
output will come as a surprise.
There were times when the same
thing was done by employers
through clandestine agreements
but the antitrust laws have been
effectively used to stop that prac-
tice. Will Congress, in consider
ing labor legislation, amend pres
ent laws to permit regulation of
output by national unions or will
the practice be banned. whether
by unions or employers? Mr..
Lewis has raised a significant
question.
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