Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-04-02
Court Ruling
On Lockouts
Spurs Study
BY ROBERT X. WALSH

Labor and management groups
today studied the possible scope
and long-range effect Of a SUI
Ipreme Court pronouncement
that there are circumstances in
which employers may lawfully
resort to the lockout as an eco
nomic weapon"
This statement by Justice
Brennan was in an 30 opinion
yesterday upholding the right
of eight linen supply companies
in upper New York State to shut
down all their plants temporarily
because a Transfers Union To-
cal called a strike against one Of
them.
The employers bargained
jointly with the same union. The
National Labor Relations Board
rejected a complaint by the UNI
ion that the employees associa-
ton committed an unfair labor
practice in 1858 by locking out
workers in all their plants after
the union struck one of the COM
Ipanies. The United States
Court Of Appeals in New York
reversed the NLRB but itself
was reversed yesterday by the
Supreme Court.
Such multi-employer bargain
ing contracts with unions are
fairly common. But lower Fed
eral courts in st. Louis, Chicago
and San Francisco as well as the
one in New York have differed
in decisions on whether the
Taft Hartley Act prevented all
employers from closing their es-
Establishments as a defense against
Ia strike against one of them in
Ivolving a new bargaining con-
tract.
Clar1ncatlOn Seen
Some lawyers said they be-
Ilieved the Supreme Court went
far to clarity the matter. But
they observed that the decision
seemed to be based to consid-
cradle extent on circumstances
of the New York case. Justice
Brennan wrote that the NLRB in
this instance correctly balanced
conflicting interests "in deciding
that temporary lockout to pre-
serve multi-employer bargaining
basis from the disintegration
threatened by the unions strike
action"
Two Other Opinions
The high court handed down
only two other written opinions
yesterday, along with orders de-
nying review Of several lower
court decisions Of more than
ordinary interest.
The tribunal refused, at least
at this time. to intervene in
the dispute between public and
private power advocates in the
Hells Canyon development. It
denied a request by a group
Of public power associations to
review and reverse the Federal
Power Commission licensing Of
three private power dams by the
Idaho Bower Co. ain that stretch
Of the Snake River between
Idaho and Oregon.
The courts terse announce
ment gave no reasons for the
refusal but disclosed that Jus
tice Douglas favored a review.
The public power groups have
urged Federal construction of a.
single high dam in Hells Can
yon. as recommended by former
Secretary Chapman in
the Truman administration. For
mer Secretary Mckay. in the
first Eisenhower administration,
rescinded that recommendation
and favored private licensing
The issue is still very much alive
in Congress. where bills for pub
lie power development of Hells
Canyon await committee action.
Racial Rulings Stand
In two other orders, the high
court left standing the rulings
OF lower Federal Courts ordering
admission Of Negroes to a mu-
nicipally owned swimming pool
at st. Petersburg, Fla. and the
cafeteria in the courthouse Of
Harris County. Tex.
The court also apparently had
the final word to say on a re-
Quirement that lawyers must pay
a 50-cent fee and take an oath
to practice in Municipal Court
here. 1t refused to interfere with
a United States Court of Appeals
ruling against a contention by
Attorney Phillip w. Austin that
the requirement amounted prac-
tically 10 a disbarment without
charges or hearings.