Evening star., 1950-03-23
Division Of NlRb
Blocks Taft Act,
Herzog Says
Chuirmun Testifies
Board Fovors End
Of Denhum's Job
By jones Y. Newton

Chairman Paul M. Herzog of the
National Labor Relations Board
said today that divided authority
within his agency has resulted in
friction and confusion which make
effective enforcement of the Taft
Hartley Act almost impossible.
Mr.. Herzogs statement was.
made in testimony prepared for
delivery to the House ,Expendi-
lures Committee. The committee
is holding hearings ccl President
Trunlans reorganization plan
which would abolish the in
dependent Office of general coun-
sci in the NLRB. Mr.. Herzog said
the fve-member board was unam-:
imous in support of the plan.
The testimony of Mr.. Herzog
marked the firsta time that a
member of the board has aired
differences which have existed
for a long time between the
ouasi-judicial panel and NLRB
Gener Counsel Robert N. Den
ham. The general counsel has
bitterly assailed the board, ac-
cusing it. among other things, of
pro-labor bias in interpreting the
Taft Hartley Act.
Double Standard Assailed.
Mr.. Herzog said that even after
the five-member board had made
interpretations of various parts
of the Taft-Hartley Act. Mr..
Denham "has issued complaints
and sent cases to hearing with full
knowledge that the board would
dismiss them later"
The spectacle of double
standard confronts the representa-
tives of management and labor
who seek guidance from the Fed
eral Government at the very
threshold of their labor problems, ;"
Mr.. Herzog declared.
The labor relations law, en-
acted in 1947, split in two the
functions of the NLRB. Mr.. Den
hams office was given authority
to initiate complaints and prose-
cute charges of unfair practices
against employers and labor
unions. He also was given super
vision of the boards field Offices. |
The responsibility of the board |
itself was confined merely to rul- |
ing on cases submitted to it by
Mr.. Denham's Office.
Confusion Is Stressed.
President Truman's plan would |
invest in the chairman and four
other board members full author
ity and responsibility for admin
istration of the Taft-Hartley law.
The chairman called attention
to the confusion resulting from
Mr.. Denham's responsibility of de-
Tending in court board decisions
with which he does not agree.
He said that in two cases where
court appeals were taken from
board rulings the board had re-
lieved Mr.. Denham of the re-
sponsibility for defending it's
orders because the general coun-
sci had said his difference of
opinion would embarrass him in
court.
U. S. Would Be on Both Sides.
But even in one of these cases."
Mr.. Herzog continued, Involving
the issue of jurisdiction (of the
Taft-Hartley Act). the general
counsel has informed the board
officially that he may nevertheless
wish to state his contrary views
to the Circuit Court by a brief
In opposition to those of the board
and in support of the very party
attacking the boards order. Thus
the Government of the United
6tates-indeed, one agency of the
United States-would be on both
sides of the same case"
Mr.. Herzog said that in another
base, "the board was compelled
10 direct the general counsel to
delete from the brief prepared by
(See NLRB, Page A-3.)