Montana labor news., 1950-07-06
Supreme Court Hears Butte Teachers Case July II
Why the Taft HARTLEY Act Must Be Repealed

Recognized as the collective bargainng agent by an employer en-
gagged in pipe fabrication on in the manufacture OF pre- assembled
|, plumbing equipment. Suppose that local union goes out on
strike for higher wages and the employer replaces 1. A. men
with scabs. Further. suppose that when the pipe formations or
on a construction site, members OF another \. A. local union re-
fuse to use, handle or install such materials and strike in order
to assist their striking sister local union. This is certainly an
established practice among building trades unions
But under Section 8 90 60 CA this act would become an
unfair labor practice requiring the M-RB to seek an injunction
Immediately because the second local union engaged in a strike
to force Dr. require an employer % cease using, handling, or
installing the products of any other producer.
Also Through action taken by the building trades coun-
oil at the request Of the IT,. A. local union-other building trades
labor organizations were induced Or encouraged" to strike
then all such local unions would be covered by The injunction.
The L. A. local would be guilty Of an illegal strike and also
inducing or encouraging other employees to engage in the un-
fair labor practice.
If the local unions struck to induce the employer to obtain
the pipe formation from a fair fabricator, that long established
practice would also be an unfair labor practice, subject to an
injunction under the terms of Section 8 (b) () (A).
Example 3.-Self-Employed Person
In the plumbing and pipe fitting industry the one man plumb.
ing shop has long been a problem Under the title Of being an
employer such an individual has lowered the union standards
in an area. The only practical solution which has ended this
serious problem is going behind the fiction Of make believe that
such a man is an employer and inducing him to join the local
union.
Today, under the Taft Hartley Act, this long established Gus
tom is outawed and declared to be an unfair labor practice
under Section 8 (b) 90 (A).
Today. this so-called employer" is protected in his efforts
TO tear down wages and conditions which men have fought for.
years to obtain.
Example 4.-Trade Jurisdiction
The right to strike over questions OF trade jurisdiction has
long been recognized as proper by building and construction
trades local unions. However. the use of that right has not been
understandings.
Today the jurisdctional strike is oulawed and declared to be
an unfair labor practice. An injunction may be sought by the
NLKB without regard to the party causing the strike.
While in reality as much as IS per cent Of jursdictional dis
putes III caused by employers. under the Taft Hartley Act EN-
ployers, are moi recognized as parties to jurisdictional disputes
IpoteaH h nm ut vnrk h W he epnpIOver ic 1T dectaixe
importanc. Building trades local unions have lost their right
to strike and must-where the Board intervenes-accept the
decision of the employer concerning to whom work belongs.
While it is true that a privately organized National Joint
Board for Settlement of Jurisdictional Disputes exists to pre-
vent such disputes from reaching the NLRB, the fact is that the
law is still there and has been used. When the law has been used
the pattern has been established which recognizes the right of
he employer to assign the work as he sees fit.
Loss of the right to strike over jurisdictional issues. lack of
regard for recognized decisions OF record regarding jurisdictional
lines, substitution OF the injunction for peaceful procedures, and
blanket protection for the employer, no matter what he has
done to cause jurisdictional disputes. are all positive proof that
the laft-Hartey Act DOES APPLY to building trades unions.
To summarize at this point the Taft-Hartley Act has resur
rected the labor injunction. The act requires the use OF the in
junction against so-called unfair labor charges committed by
building trades unions and other unions. The act gives priority
to injunction cases in the MLRB so that while our attempts to
get our right move at a snails pace in the NLRB, the machinery
set up to punish us operates at top speed. We know what in
functions mean in the way of ruinous fines and Imprisonment
when they r not satisfied to a judges liking We know that
the revived use Of injunctions in the building and construction in
dustry is not a theory it is a fact.
THE ACT is WRONG
The examples given above are not theoretical. They are
actual, practical demonstration of how the Taft Hartley Act
is operating against building and construction local unions What
kind OF long established practices in our industry will be consid
cred next depends upon the administration Of the act.
For example. within recent months both the contractors and
The building trades unions were shocked when a formal report
was given to the NLRB recommending the stoppage Of all hr-
ing agreements between contractors and local unions before
construction began. (See the Atkinson Jones case
This case is still before the NLRB for a final decision. If
the Board adopts the recommendation Of the report. no local
union and a contractor can enter into a collective bargaining
agreement until after the Job has been started, the men hired.
a representative election held and certfication of the results
has been approved by the NlRB.
Thus. contractors will be obliged to hire at the gate and local
unions will not be able to bargain over the wage rates until
after it becomes the legal bargaining agent.
Most certainly Ne do not wish to imply that the employers in
our industry have encouraged or approved Of the Tia Hartley
Act. Many Of them are rs strongly opposed to the act as the
membership of labor unions They too see the law il. Impractical
and unavoidable.
DOLLARS NOT DOUBTS
This necessarily brief number Of examples must certainly leave
no doubts in the minds Of the members of building and con
struction trades local unions that the Taft Hartley Act affects
their means of earning a living for their families
We must contribute funds as Individual trade unionists to La
bors League for Political Education. We must punish our
enemies by putting up the money to defeat them when ty
seek public office.
Money talks. We do not need talk. We need yelling. We
must build a fund by individual contributions which will bring
US victory at the polls. Local unions and inte irrational unions
are not allowed to appropriate donations from their treasures
for political purposes.
We must prove to Senator Taft and his friends that tbe,
carefully laid plans to put road blocks in our path are useless.
Zach and every one of US must today make our contribu.
ton to Labor League for Political Education. Then and onl,
L IL - III Il II