LABOR JOURNAL VOL. XVII; NO. 17 CHARLOTTE, N. C- THURSDAY. SEPTEMBER 4. 1947 Subscription $2.00 Per Year Green Predicts ‘Slave’ Law Repeal, Defeat Of Foes; Meany Flays GOP As Instrument Of Big Business . 1._____— ■■■" -I _: ' * AFL PRESIDENT SAYS LABOR FIGHTS OPPRESSION IN RIVE FOR FREEDOM AND SECURITY FOR ALL AMERICANS Chicago.—In a fighting speech keynoting the nation’s celebration of Labor Day, AFL President William Green predicted the eventual repeal of the infamous Taft-Hartley law and the political defeat of its supporters. 'Mr. Green spoke to a vast throng gathered in Soldier Field for a mammoth celebration sponsored by the Chicago Federation of Labor. His address, delivered to the en thusiastic multitude of 100,000 union members and their families, was carried over the nation-wide network of the National Broadcasting Company to additional millions of listeners. i >■ Introduced by William A Lee, president of the Chicago Federation of Labor, the AFL chief was accorded a tremen dous ovation by the throng gathered for an afternoon of festivity and entertainment. His address was constantly interrupted by applause as he recited the accomplishments of labor and expressed its determination to fight the forces hoping to crucify the labor movement. “Today, labor is rallying its forces to fight against oppression and depression,” Mr. Green de clared. “Our goals are freedom and security for all Americans. We will never be satisfied with less.” Mr. Green asserted that, dur ing the past half century, labor exerted its economic power ef fectively to raise wages and im prove working conditions within the framework of our democratic, free enterprise system which the American Federation of Labor al ways stalwartly defended against encroachment by any and all forms of totalitarianism. „ .*** “But the economic progress of labor is now being threatened,” he said, “by the enactment of re strictive anti-labor legislation which would outlaw the basic terms of collective bargaining con tracts negotiated for more than half a century and provide for! the imposition of criminal penal ties upon employers and employes who negotiate these contracts will ingly and voluntarily. Such laws have on main purpose—to make strong unions weak—weak unions weaker, and to make it difficult for all unions to function.” Citing the Taft - Hartley law as the most reprehensible of all the Federal and State restrictive labor laws, Mr. Green reiterated the determination of the AFL to wage an unrelenting fight against it until its repeal is accomplished and the political defeat of its sup porters is assured. He said: "It is the purpose and policy of the American Federation of Labor to challenge the constitu tionality of this reprehensible legislation in the courts of the land. We are firmly convinced that man/ of the sections of the Taft-Hartley Bill are unconstitu tional and will be held invalid by the Supreme Court of the United States. In addition, we will seek the repeal of this most highly objectionable anti-labor legisla tion. Our concentrated efforts will be directed toward the ac complishment of this purpose. “Furthermore, we will call upon the membership of organised la , bor and all its friends throughout the nation to defeat all candidates | for reelection to Congress and State Legislatures who voted for the passage of reprehensible legis lation. “Special detailed efforts will be put forth to prevail upon all workers and their friends to qualify to vote in the election and to see to it that nothing will prevent them from casting their ballots on election day. If we succeed in this effort, nq worker or the friend of a worker will have any excuse for failing to vote. “Our platform for 1948 calls for many other positive measures for human betterment, measures which Congess has consistently defeated or ignored in the past few years. “First, we demand that action be taken to reduce exhorbitantj prices and bring the cost of liv-| ing gradually down to a more (Centiaued ea Page 4) PRESIDENT GREEN tfl REVEALS SMEW TACTICS UNO PROTESTS Annex OR PADWAY Lo? Angeles.—Joseph A. Pad way, AFL General Counsel, was assaulted and knocked down by Irving G. McCann, counsel fo* the sub-committee of the House La bor Committee investigating labor disputes in the movie industry. The attack upon Padway came (Continued on Page 4) Business Interests Condemn Hartley For Loose Talk New York City. —* Even Big Basinets cannot stomach all the tripe dished up by Representative Fred A. Hartley, chief of the an ti-labor bloc in the House. Reporting on his statements to the effect that management would be held responsible, along with labor, for attempts to evade the Taft-Hartley law’* restrictive pro visions concerning the conduct of labor-manegemtn relations, the “Wall Street Journal.” a mouth piece of business and finance, gave him a sound spanking. In a front page article, the paper pointed out that the agree ments which annoyed Hartley are “mutually accepatable compro mises," whereby unions assume full responsibility for acts au thorised by them and employers a (free not to seek damages for acts of individual employes “which are beyond union control.” Then in bold face type, it rapped Hartley’s contention that suoh agreements violate the new law and his threat to call in the parties to Washington to “ex plain.” “This is idle talk,” the paper declared. “It cannot have been the intent of Congress to punish men or organizations for acts they neither authorised nor instigated much less those which they have n good faith attempted to pre vent. “It is inconceivable that the courts would And illegal the give and-take efforts of employers and unions to maintain peace in in dustry. “Not even the Taft-Hartley law can compel an employer to resort to the legal remedies open to him if he thinks he sees a more pa cific way of protecting his inter ests.” Another indictment of Hartley came from the Washington “Post,” owned by a multi-mil-1 lionaire banker. “Abusive language and threats i of this kind are calculated to niffen opposition to the law by ! strengthening the conviction of labor leaders that it was framed | -.vith the deliberate intention of ' undermining unions,” the"' paper I ointed out. CHECK ON FEDERAL WORKERS' LOYALTY RY OVA SERVICE BOARD Washington, D. C.—The pro gram designed to test the loyalty of Federal employes got under «•*** . The Civil Service Commission, charged with the responsibility of administering, the President’s plan, announced that with few minor exceptions all employes on the Federal payroll as of October 1 are required to: 1. Be flngerprinted on a new form. 2. Fill out a new loyalty iden tification form. These forms must be sent to the Federal Bureau of Investiga tion for checking against FBI records. Findings made by the FBI are to be reported to the Civil Service commission. In the case of persons appointed to the Federal service after Oc (Continued on Page 4) Rejects Industrialist’s Proposal Washington, p. C.—Organized labor went on record as strongly opposing the scheme of indus trialist Frank Cohen to purchase through the city of Eastport, Me., the facilities *t Passamaquoddy Project for the purpose of op erating a training school for dis placed persons and veterans. Cohen offered to buy the sur plus Government real estate for Eastport if he was permitted to operate an industrial establish ment to assemble tractors. Un ’er his plan displaced persons would be employed there without wages on a temporary basis. Latdr, after a six-months training period, they would be shipped ofT to South America, presumably to >e utilized in some of the Cohen interests there. The War Assets Administration released a statement on, the pro posal prepared by the agency’s Labor Policy Committee, of which Boris Shishkin, AFL Economist, is a member. The statement flat ly rejected the “Cohen formula" is a disguised measure to make use of the sieve labor of displaced persons without any protection >f the .human rights. The committee indicated that it would approve the use of the Quoddy Project for educational or training purposes, but only with the guarantee of the following safeguards: 1. That the training and em ployment at the project will be made available only to persons who have the^puiyilege of perma nent residence in the United States, including veterans, stu dents, and immigrants, without distinction or eniphasis as to race, color or creed. 2. That the project will be operated on a genuine “training within industry" plan, approved (Please Tara te Page 4) AFL LEADER ACCUSES REPUBLICAN LEADERSHIP OF HOSTILE. OVERBEARING ATTITUDE TOWARD ORGANIZED LABOR Washington, D. C.—The Republican leadership in Con gress is the mouthpiece and political instrument of big business. George Meany, Secretary-Treasurer of the American Fed eration of Labor, made this charge in the AFL’s radio pro gram "Labor, USA.” Mr. Meany, interviewed by Harold Steppler of the American Broadcasting Company staff, answered some pointed questions on the outlook for labor in this country. 4J Mr. Meany’s blast at the GOP raises a policy question for consideration by the AFL Executive Council at its forthcoming meeting in Chicago on September 8th. The Council is expected to prepare a program of political action for the AFL during the coming election year. Any plan adopted by the Executive Council will be submitted to the AFL convention to be held in San Francisco in October. MJHI TO THROW OUT ram cases unless UNMS FILE BATA Washington, D. C.—Cases al ready died with the National La bor Relations Board will be dis missed in wholesale lots if the unions involved fail to file regis tration forms and non-Communist affidavits required by the Taft Hartley law. This drastic NLRB policy was announced by Robert N. Denham, (Continued on Page 2) BULLETIN NO. 5 ON TAFT-HARTLEY LAW (Thg is th fifth bulleton issued by the American Federation of Labor explaining that Taft-Hart ley Act. It was prepared by the office of its General Counsel, Joseph A. Padway.) Civil and Criminal Penalties for Violations of the Taft-Hartley Act. Includes Injunctions and Loss of Rights. There have been many inquiries as to just what might happen in case any provision of the Taft Hartley Act is violated or dis regarded. This Bulletin is design ed to inform unions what penal ties particular violations of the new law involves. Included will ; be a discussion of what violations I involve criminal penalties, what i violations involve injunction suits, | what violations involve suits for i damages, what violations involve I cease and desist orders, and what violations involve loss of status or protection under the act. 1. Criminal Penalties There are four acts which in volve a' criminal penalty of fine or improsonment or both. These are: (1) Violation of Section 302 of the law which makes it unlawful for any employer to pay or agree to pay money ojr other thing of value to a union representative or for such representative to re ceive or agree to receive money or any other thing of value. Cer tain payments are exempted, bow. ever. Among them are payments • to trust and welfare funds made | under certain conditions, and pay ments made under agreements for | the check-off of membership dues, if the check-off is individually authorized by the union employe. The penalty for a violation of Sec tion 302 is a fine of not more than $10,000.00 or imprisonment for not more than one year, or both. (2) Violations of the prohibi tions against political contribu tions and expenditures (Secton 304). Labor organizations can be penalized by a fine of not more | than $5,000.00 for each violation of this section, and an officer of a labor organisation who violates this section can be penalized by a fine of not more than $10,000 or imprisonment for not more than one year, or both. (3) Falsification of an affida vit by an officer of a labor or ganization certifying that such officer is not a member of the Communist Party, is not affiliated with such party and does not be lieve in, and ia not a member of or supports any organization that believes in or teaches, the over throw of the United States Gov ernment by force or by any il legal of unconstitutional methods. The penalty for the falsification of such an affidavit is a fine of not more than $10,000.00 or im prisonment of not more than ten years, or both. (4) As under the old law, in terference with any member of the board or any of its agents or agencies in the performance of duties pursuant to the act is pun ishable as a criminal offense. The penalty that may be inflicted is a fine of not more than $5,000.00 or imprisonment for not BMW* than one year, or both. 2. Injunction* An injunction can be obtained by a private employer in only one instance under the act, and that is to prevent the making or en forcement of „ welfare or trust fund agreements or check-off agreements which are in violation of Section 302. In no other in stance can a private employer ob tain an injunction in the federal courts to restrain any violations of any of the provisions of the Taft-Hartley Act. On the other hand, the new La bor Board has very great power to obtain injunctions against vio lations in unfair labor practice cases. In one class of cases the board has a discretion to seek an injunction, and in another class of cases the board is required to seek an injunction. The discretionary type of case is as follows, t After a complaint has been issued against either a union or an employer, alleging a violation of the unfair practice provisions of Section 8, the new board is authorized to apply to a federal court for an injunction restraining the continuation of such alleged practices until after the board has determined the case on its merits. This, it should be noted, applies to both employers and to unions. Under the new designations of "Union Unfair Practices," many additional and heretofore lawful activities of la bor organisations are declared un lawful, and the board may pro ceed to obtain injunctions where no injunctions could previously have been issued. Thus, injunctions could be secured against union| by th« board to prohibit juris dictional strikes and boycotts, aa defined in the act to prevent so called interferences with employes in the exercise of their , rights not to belong to a union, or to pre vent attempts to enfoype a union security agreement not meeting all the requirements of the act. The mandatory type of case, where the board is required to seek an injunction, is M follows: In any case where a charge has been filed alleging that the union it engaging in an unlawful strike or jurisdictional trike, even though a complaint has not yet been issued, the board must go into court for a temporary in junction if it thinks the charge has any substance. The only other injunction which can be obtained against unions under the act is by the Attorney General of the United States to enjoin a strike in a so-called na tional emergency situation as de scribed under Sections 206-208 of Title. II. A national emergency strike is one which affects an en tire industry or substantial part hereof, and whose continuance will imperil the national health gnd safety. The Attorney Gen eral cannot obtain such an in junction until after the President has taken notice of the strike, has appointed a Board of Inquiry, and the Board of Inquiry, after hearings, has determined that the strike is one which imperils the national health and safety. Ap parently, such an injunction is < effective for a maximum of 80 days, during whjfch time various conciliation and mediation steps are taken. 3. Civil Penalties Unions can be sued for dam* aces by private employers or any other persons injured in their business or property by union ac tivity in the following two gen* eral situations: 1. Where a union has violated an existing collective bargaining agreement (Employers are like* wise subjected to damage suits for their violations.) 2. Where a union has engaged in any of the boycotts and juris dictional strikes as defined in Sec tion 303 (discussed in Bulletins 1 and 2). These are the only instances in which damage suits against un ions are specifically authorised by the new law. 4. Cease and Desist Orders j A cease and desist order is one issued by the new Labor Board to prevent the continuance by either an employer or a union of an unfair labor practice as de fined in Section 8. It can be' is sued only after the issuance of a complaint, the holding of hear ings, and a decision by the board. The order simply states that the union shall not engage in such practices in the future. Refusal to comply with this board order does not involve any penalties. The order can be enforced only by a proceeding in the Circuit Cfeurt of Appeals. After argu ments and briefs have been pre lented, the court either affirms »r reverses the order of the board. [f the order is affirmed, then the (Pleaae Tara to Page 4) in support oi nis cnurge against the Republican leadership in Con gress, Mr. Meany offered ample evidence. He declared that the Republican National Committee endorsed the Hartley Bill, which was even more drastic than t!y; final Taft-Hartley law. “The GOP inserted in the of ficial publication of the Republi can National Committee a full page propaganda appeal for the Hartley Bill and had the audacity to offer free mats to any business organization which cared to pub lish it as a newspaper advertise ment. That was partisanship with a vengeance.’ ‘ Turning to other national prob lama, Mr. Manny declared the iu gsMon of the OOP-fed Congress is another indication of the source of its inspiration and guidance. "Congress did not lift at finger to halt the advancing tide of prices. It even encouraged higher living costs by adopting a new rant control bill which is bound to force rents up by 15 per cent in many parts of the country.” The housing shortage offers another example of how the Re publican leaders in Congress have disregarded the popular will when ever it conflicts with the demands of property interests, Mr. Meany said. “There was a bill before the 80th Congress, the Wagner-El iender-Taft bill, which would have encouraged the construction of 15 million new homes in the next 15 years. This action the nation badly needed, especially the veterans. Yet, although Senator Taft, the real leader of the Re publican Congress, lent his name to the bill, he didn’t lift a finger to advance its passage. Perhaps it is only a coincidence that the t powerful real estate lobby op posed the bill. But it should make the American people wonder about Senator Taft.” The GOP record on social se curity was also assailed by Mr. Meany. He pointed to the need for broadening of the present coverage provided by law and urged the lifting of benefits paid to compensate for the increased living costs. “Legislation to bring these changes about has been lying on the congressional shelf for some time now and the Republican leaders have deliberately blocked it,” Mr. Meany declared. “They are also responsible for blocking a new proposed feature of social security known as health insurance. Strictly speaking, that is a misnomer, because the pur pose of the Wagner-Murray Dingell bill is really insurance against the cost of medical care. These costs are huge today and many people cannot afford to get the proper care except through insurance. No private insurance company, or combination of them, is big enough to swing an in surance policy covering all the American people. That is the Government’s responsibility. “Even Senator Taft publicly ac knowledged tHfe need for action in this field, .but instead of support ing an honest and constructive measure like the Wagner-Murray Dingell bill, he sabotaged it and (Continued on Page X)

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