Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-11-08
STEEL
Pinch Will Continue
For Another Month

Continued From First Page
complex job, of breathing life
into the plants.
Mcdonald Raps Action
Besides, it was noted, tenn
pers are so raw that immediate
negotiations would stand no
chance of success.
Informed sources expressed
hope-but made no predictions
for a settlement before the
80-day injunction runs its
course.
David ]. Mcdonald. presi-
dent of the union, said after
the high couyt acted: II see
absolutely no benefit from this
80-day injunction. The COM
panies wanted it and now
they've got 1t. I hope they
demonstrate good faith and
engage in collective bargain
ing"
At a Pittsburgh press con-
ference, the Associated Press
reported, Mr.. Mcdonald said
"the Steelworkers are loyal
citizens and will comply with
the law" He sent kilograms to
all striking locals ordering an
immediate return to work.
r. Conrad Cooper, chief ne
gotiator for thes.companies, is
sued a statement saying the
industry will move immedi-
ately to reopen the plants"
"Rights Of the Public"
"A court order. Of course, Is
not the basis on which we had
hoped work might be resumed"
he said. I'VE sought resumption
on the basis of a sound new
labor agreement"
The Supreme Court majority
rejected the unions argument
that the injunction was uncon-
stitutional because it required
the courts to perform non-ju-
dicial functions. The strike adj
mittedly was legal, the union
said, and the injunction made
it illegal.
BY outlawing the strike, the
union commended, the courts
create duties and rights that
did not exist before the injunc-
ton. Only Congress or admin
istrative agencies can do that,
according to the unions argu-
ment.
Diminishing this argument,
the court said the Taft-F lrtley
Act docs recognize certain
rights in the public to nave
unimpeded for a time produc-
ton in industries vital to the
national health and safety. 1t
makes the United States the
guardian of these rights in lit
igation."
Thus, the court said, Con-
gress did establish a right for
the courts to enforce through
judicial procedures.
Accepts U. S. Evidence
The court noted the unions
contention that the Govern
ment was stretching the con-
cept of national health" toe
far by encompassing economic
well-being." Congress meant
physical health" the union
said, and the strike creates nj
dangers in that area.
1--WE need not resolve this
question" the court said, "fol
we think the Judgment below
is amply supported on the
ground that the strike imperils
the national safety" That is
the court said, an injunction
is justified if the strike i'm
perils the national safety
whether or not it also en-
dangers the national health.
On national safety, the cour'
accepted the Governments evil
dence that steel shortages have
slowed down missile produc'
ton and other defense projects
The union argued that an!
danger to the defense program
could be alleviated by issuing
limited Injunction to reopen
few essential steel plants, let
ting the strike continue else
where.
But the court majority salt
the law calls for an industry
wide injunction. The Govern
lnent, the court said. is not re
quired to devise a reorganiza
ton of the steel industry t.
make a limited injunction work
Basis of Dissent
Justice Douglas based hi
dissent on this point. Notin
the unions contention that tn
defense program needs onl
about / per cent of steel pre-
duction, he asked:
IF 1000 men, or 5000 mel
or 10000 men can produce tn
critical amount the defense de
partments need. what authorit
is there to send 100000 me
back to work."
Those whose inactivity pre-
duces the peril to nations
health or safety which the Al
guards against ana only tno'
should be covered in the il
junction" he continued, mair
tanning that Congress did NJ
intend to "bludgeon all worke
merely because the labor OF
few of them is needed. . :"
Justice Douglas contendt
the case should have been SCI
back to Federal District JUDI
Herbert P. Sorg in Pittsburg
for determination whether
limited Injunction would
adequate to protect the nj
tional safety.
AS for national health, Il
dissenting Justice said Coz
gresS meant health in the sen
of fuel, milk and hospital ca
not general economic w