Evening star., 1949-07-24
Possible Antitrust
Violation in UMW's
3-Day Week Studied
By JONES Y. Newton

The Justice Department has
been investigating the possibilities
Of violation of antitrust laws in
John l.. Lewis three-day work
week for the soft coal industry.
but plans to take no court action
at this time, it was learned last
night.
Justice attorneys were described
as still watching the coal situation
closely. Whether a court test will
be made if Mr.. Lewis continues the
three day week for a long time
cannot be predicted now. The
United Mine Workers president
issued his three-day decree June
80, and the fourth short work
week will start tomorrow.
The Lewis action is the subject
of a hearing tomorrow before
Senate Banking Subcommittee,
headed by Senator Robertson,
Democrat. of Virginia.
Two Possibilities Studied.
Government lawyers have been
looking into the possibility of anti
trust violations from two direc-
tions. The first is that Of con-
spiracy between UNIV officials and
coal producers to restrain trade
and prop prices of coal. No real
evidence of such conspiracy has
been uncovered. although probably
a majority of the mine operators
are at least not "displeased" that
the short work week offers oppor-
tunity for consumption of the huge
coal surplus which has depressed
the market.
Unions are exempt from anti
trust or monopoly laws where
the workers are combined for the
usual purpose of self-help. But
the Supreme Court has held that
q union acting in concert with
management to restrain trade is
not exempt from prosecution.
Another possibility which the
Justice Department is inveStl-
eating is whether union officers
may legally conspire among them
selves in restraint of trade. No
clear-cut high court opinion has
been given on that point. The
experts believe that if the re-
straining action is taken primar-
lily for the purpose of helping
the members of a union then a
conspiracy of union officers could
not be held in violation of the
law. The point which interests
Federal attorneys is just how far
the conspiracy could go before
it would be regarded as counter
to the law.
Coal Car Proposal Recalled.
The latter point would be some
thing for the courts to decide
and If any action is taken later
against Mr.. Lewis and the other
UNIV officers it probably would
come from that direction.
Senator Robertson's inquiry is
aimed primarily at several re-
cent actions of Mr.. Lewis. al
though a committee statement .
said 1t is directed at finding out |
generally the extent of power
industry wide labor organizations
have acquired and the manner in
which the power is being exer-
cised."
Necessity for the investigation !
was suggested, the committee said
by the recent proposal for a coal
car responsible for determining
wages and production levels, the
coal miners "stablization" strike,
the three-day work week. the |
threatened steel strike and the
Hawaiian ship tieup.
Those asked to testify tomorrow .
are Harry M. Moses. head of the
coal-producing subsidiaries of the .
United States Steel Corp: George
H. Love. president of the huge
Pittsburgh Consolidation Coal Co..
and John D. Battle. executive
secretary of the National Coal AS
sociation.
Meanwhile. negotiations for a
new contract between the UNIV
and coal operators will be resumed
at two places Tuesday after a re-
cess of nearly four weeks. Mr.. /
Lewis will meet with a major por-
ton of the operators in White
Sulphur Springs, w. Va. while a
short distance away the UNIV
second team" will resume wage
talks with Southern coal pro-
ducers.
The formal contract between
the UNIV and coal producers ex-
pired June 80, but Mr.. Lewis al
lowed the men to continue work
on the limited three-day basis.
Virginia Marines Elect
NEWPORT NEWS. Va, July %
(P.-Delegates to the third an
nual convention of the State de-
partment of the. Marine Corps
League, today elected E. L. Gwalt-
ney Of Portsmouth as State COM
mandant. He succeeds George R.
Fletcher of Alexandria. !