Evening star., 1959-10-28
STEEL
STEEL
Injunction S Value
Doubted by Hostie
Continued From First Page

created by the steel strike may
not continue longer than abso-
lutely necessary" !
Mr.. Rogers petition first went
to Justice william j. Brennan,
jr.. for study.
This is because Justice Bren-
nan is the justice to whom the
Third Circuit Court of Appeals
is assigned for supervision.
In cases of this Importance,
however, 1t is customary for
the Justice to consult with
other members of the high
court before taking any action.
Record Available
Mr.. Rogers pointed out that
both lower Federal courts have
held that continuation of the
strike would imperil the ma
tional health and safety.
The Attorney General said
that through cooperation Of
the union and the Justice De-
partment, the papers forming
the record in the Court Of APP
peals in Philadelphia have been
printed and are now ready for
use by the Supreme Court.
Mr.. Rogers said the case was
fully briefed in the Pittsburgh
court and it is believed no fur
ther research or study will be
necessary to present the issues
fully to the Supreme Court.
Mr.. Rogers, announcing the
Governments speedup last
night, said he hopes the Su-
preme Court can rule in the
case by next Monday. If the
court upholds the injunction,
this schedule could send strikers
back to the steel mills late
Monday or early Tuesday.
In upholding the injunction,
the Appeals Court rejected the
unions arguments that: Cd
The Taft-Hartley Acts in
junctive provisions are uncon-
stitutional, and (2) the strike
does not imperil the national
health and safety.
HASTE DiSSents
Although the appellate court
split, 2 to !, on the ruling, the
dissenting judge agreed on
these two points, But Judge
William H. HASTE, the dis
senter, voted against an injunc-
tion with the argument that a
back-to-work order might
hamper final settlement of the
strike.
Adopting the unions reason
ing. Judge HASTE said: There
is real basis for apprehension
that the granting of an injunc-
ton will remove existing and
rapidly mounting economic
pressure upon parties (to the
dispute) to settle their differ
ences quickly. ..." l.
While attention was focused |
on the court battle, negotia-
tionS were scheduled to con-
tinue. There was no indication
of a major break in the stale
mate. Two relatively small steel
companies settled with the
union this week, but the big
companies insisted they will
stand Arm.
Part Of Union Strategy
Union sources admitted that X
delay is part of their strategy d
THE more time we take, the
more pressure will build up ON h
the companies to SETTLE" one {
source said. (,
He noted that idle steel COM
panies are losing millions Of
dollars. In addition, dwindling Is
steel stocks are forcing produc-
ton slowdowns and layoffs in j
auto manufacturing and other
industries dependent on steel. Is
Furthermore, the Great Lakes
soon will freeze, cutting down
deliveries of iron ore to steel #!
mills.
The longer the strike con-
tinues, a union official said, the
harder it will be for the in
dustry's leaders to keep struck
companies in line. The union
is pressing divide-and-conquer
tactics and there are persistent
reports that several companies
are wavering.
Commenting on the Attorney
Generals speedup plans. a union
source said the Government has
to seek fast Supreme Court ac-
tion. Either it's an emergency
or it's not" he said.
Union Extending Fight
President Eisenhower invoked
the Taft-Hartley Acts injunc-
tvs machinery October 8. He
ordered the Justice Department
to seek an 80-day Injunction
October 10, after he received a
report from. his board of in.
Quiry. The case has been in the
courts ever since, with the union
losing at each step and appeal
ing further.
Union President David ]. Nc
Donald contends that the pros
pect of an injunction has in
spired the steel companies to
take an adamant stand. If en-
injunction is refused, he pre-
diets, the companies will in
crease their settlement offer and
end the strike.
Continuing uncertainty about
an. injunction could have the
same effect on company nego-
tiators.
Attorney General Rogers said
"the six-day stay, together
with the announcement by
counsel for the union that it
probably would not petition the
Supreme Court for certiorari
(reyiew of the Circuit Court
decisien) until the end of the {
six-day period, means a wholly 4
unnecessary delay in resolving
the legal questions" II
He added that tho Y1aad fO,. |