The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1949-12-29
Denham Willing
TO Ease Act For
Building Trades

Washington OPA)-Robert N.
Denham, general counsel of the
Natl Labor Relations Board, pro-
posed to the board members at an
open hearing on Dec. 19 that his
office and the NLRB itself look the
other way so far as the building
trades are concerned.
He proposed that in processing
unfair practice charges in the con-
struction industry (D it be assum-
ed that union shop requirements
have been met despite the absense
of elections, and (2) that by the
same token workers be forced to
join the union as soon as they have
worked 80 days for one or more in
the group of employers party to
the union shop contract. Under the
Taft Hartley act, the union shop is
legal only when it is established as
the desire of the union by board
election.
In addition, Denham subsequent
ly indicated that the general coun-
sels office would follow his pro-
posals with regard to the building
industry regardless Of what the
NLRB itself decides. AS the boards
top enforcement officer, he can go
ahead independently, although at
least one board member is known
to have questioned his right to do
so.
Denham based his proposals on
two practical points. He said that
the general counsePs office had dis
covered that elections Of any kind,
whether in a representation case
or in union shop poll, were "ad-
ministratively impractical" in the
building and construction industry.
He added that the "mere clerical
costs" were "out of reason" so
complex was the problem of con-
Quoting elections in an industry
which had unique employment re-
bargaining patterns
and traditions and unit and eligi
oility questions" that prevented
setting up effective election mach
merry. Main stumbling block, he
said, was that building craftsmen
work only sporadically for any
me employer"
Denham appeared before the
BOARD when it held oral argument
IN the status of the building trades
lnder the Taft-Hartley law after
he AFL Building & Construction
Trades Dept. and an employer
group, the Associated General Con-
ractors of America, filed briefs {
With the board urging that some '
way be found by which unions can
'e certified in the industry.
At the hearing, the Intl Assn
# Machinists opposed the stand ,
# the AFL and the contractors. ,
AM attorney Jerome Strum said 3
he NLRB had no authority to al
er an act Of Congress, especially !
n the interests of a particular ,
,roup. He declared the independ-
mt Machinists, who also work in !
n the construction industry, had ,
more from the Taft Hart
ey act that the AFL building ,
rades. But the way to get rid of
he Taft-Hartley law is to amend
t or repeal it, he said. Strum drew
earty outlaws from the audience, !
he press table and board members
themselves when he quoted from ,
peeches i'm which Denham had
aiken a view completely opposite ;
rom the one he disclosed at this /,
earring.
NLRB Chairman Paul Herzog
Indicated that may be the boards ;;
pinion when he cited the Supreme
curtis recent decision in the Col
ate Palmolive-Peet case. The +,
'ourt reversed an NLRB decision,
uling that the labor board could
OF give more or less weight to one !
revision in the Taft Hartley act !;
han to another.
Denham hedged his proposals,
,hich would have meant union ,
ertification in strongly organic :
d field without any bother about :
lections, by saying that valid un- :
air charges would be processed :
nd by urging that elections be !,
eld in the building industry when
yer feasible. He said that his of t
ce had tried number of APP
reaches in efforts to establish area !
abor pools. None of them have
cen very successful, he indicated.
Employer spokesmen S h ow d Z
reat willingness to go along with a
SOuth pOintS In [