Evening star., 1950-02-13
More Power Urqed
For Fact-Finders 10
End Labor Disputes
Boards Should Be Given
Power Of Subpoena and
Investigate Failures
By David LasOrence

While the 1nJunctlonS issued by
the courts in the coal controversy
got the headlines over the week
end, something even more signifi-
cant which can lead construc-
lively to a solution of major
strikes may be read into the re-
port of the Presidents fact-find-
ing board.
For at best court injunctions
are negative - they are instru-
ments of coercion rather than
voluntarism. It has been said that
injunctions cannot mine coal and
neither can bayonets. But even If
these devices were to bring coal
production perhaps by threaten
ing local unions with fines for
contempt, this would admittedly
not mean genuine peace but a
truce breeding further resentment.
What, therefore, can be done
when obstinacy takes hold and
one side or the other becomes in
volved in fencing tactics" and
there is no real collective bargain
ing?
The Presidents board, perhaps
inadvertently, hints at the solu-
ton. For the board did an un-
precedented thing last week-it
called the negotiators of both
sides together and actually sat in
on the conferences. Though not
empowered by the Taft Hartley
law to make recommendations. I"
the boards report nevertheless
outlines the main points of differ
ence, evaluates them to a degree,
and uses language that comes
close to a recommendation.
Amendment Needed.
For one thing the board implies
that there is constructive value
in sitting in on the negotiations
as official observers. The board
intimates, also, that because the
spotlight of publicity has not
been turned on the conferences
that have been held, heretofore
much time has been wasted in
fencing tactics"
Doesn't this really mean that
Congress would be we'll advised to
amend the present law either to
require fact-finding boards to
make recommendations" or at
least to authorize fact finding
boards to get into these situations
earlier than they now do? Doesn't
it mean that in the public interest
such boards be permitted to make
inquiry into the facts irrespective
of whether one side or the other
or both decline to accept fact
f1nding-board procedures?
BY the simple method of giving
ct-f1nding boards the full power
of subpoena, inquiries into the
lack of progress of collective
bargaining can be made the
moment negotiations break down.
Such vigilance in the public in
terest can operate as a check on
the abuse of economic power
welded by any party to a labor
dispute. !
1t may be that such boards will
not wish at all times to make
recommendations" but in some
instances merely to ferret out the
truth so that the influence of an
Informed public opinion can be
quickly brought to bear. 1t may
even expose fencing tactics" as
such and be on the alert not to
allow the pressure of the board to
be utilized as part of the "fenc-
ing propaganda.
Dispute i'm Private.
For months now the coal dispute
has been carried on largely in
private and with prejudiced state
ments from the parties as to what
the issues really were. 1t has been
charged, for instance, that in nine
months Mr.. Lewis has not even
stated his demands. This is a very
important fact but it's truth was
not really established until this
week end by the fact finding
boards own report. The board
adds:
There is no contract today,
This need is not being met. This
Is essentially because the operators
and the union have bargained
either with too great emphasis on
tactical advantage or too little
confidence in their ability to reach
an understanding. In other words,
they have not allowed collective
bargaining to function freely and
effectively"
Whether one favors the Wagner
Act or the Taft Hartley Act, here
is an indictment of the abuses of
collective bargaining. Congress
never could have intended to make
collective bargaining compulsory
process and yet close it's eyes to
any manifest indifference to the
responsibilities that go with the
privileges of being an exclusive
bargaining agent, whether of en-
ployes or employers.
Official observation at collective
bargaining conferences may not
always be Immediately effective.
But it can help in some instances
to speed up collective bargaining
or else to clarity the public mind.
For the ultimate power of public
opinion-voluntarism-is the only
real force that can ever resolve
labor disputes or bring into being
added provisions of law to restrain
the arbitrary use of economic
strength.
(PanFndt,nfior