SECTION ONE
1947
Christmas
Edition
CHARLOTTE
LABOR JOURNAL
VOL. XVII
; NO.?2
CHARLOTTE, N. C„ THURSDAY,
, D#CE
MBER 25. 1947
Subscription $2.00 Per Year
Taft-Hartley Law Exposed!
By J. ALBERT WOLU and HERBERT S. THATCHER
(Members of the law Irm of Padway, Woli, Thatcher, Glenn and
Wilson, serving as general counsel for the American
Federation of Labor)
This is the fourth of a series of articles to be published by the
AFL Weekly News Service in refutation of an article appearing
in the Saturday Evening Post which praised the Taft*Hartley
law to the skies. Author of the Post article was J. Mack Swi
gert, law partner of Senator Robert A. Taft—enough said:
NO. 4—THE “SO-CALLED 14 PRIVILEGES” OF THE
TAFT-HARTLEY LAW (Continued)
2. “Protection from Union Threats and Violence"
This section of the Post articles discusses the new “right"
set forth in the law, namely, the right of employes to» re
frain* from any and all union activities and from joining a
union. The author states that this gives individual em
ployes full freedom of choice and prevents “roughneck”
intimidatory tactics by union representatives forcing em
ployes to join unions against their will. This is said to
equalize the protections against interference with free
dom of choice by either the employer or the union.
The tact is tnat ior every in
stance of any intimidatory tac
tic by a union representative there
were a thousand instances of in
timidatory or coercive practices
by employers who, as shown by
the LaFollette Committee reports,
in addition to wholesale use of
their weapon of discharge, in
many instances expended thou
sands of dollars to fight union
zation, maintained arsenals, and
carried on their payroll armies
of vigilantes and labor spies. To
speak of equalizing protections
against interference with choice
is preposterous.
Further, the record does not
show that local police or local
peace laws are inadequate to cope
with the isolated instances of
physical intimidation cited by the
article as justficatkm for the new
ly granted “rights.”
'* For these reasons it can only
be concluded that the real pur
pose behind the so-called protec
tion against union interference
with the right not to join a union
is designed primarily to drive a
moral and psychological wedge
between the worker and the or
ganization established for the mu
tual aid and protection of work
ers. Further, the broad language
of the restriction which prohibits
unions from “restraining” or “co
ercing” employes in the exercise
of the right not to join may well
lead to board or court determina
tion that customary and peaceful
organizing practices of unions are
forbidden.
, 3. “Ouster of Unsatisfactory
1 Union”
The third “privilege bestowed
upon workers is asserted to be
the privilege of employes to get
rid of any union which they do
not like by the filing of decerti
fication petitions. The fact is that
this privilege existed under the
old Wagner Act. Employes dis
satisfied with one organization
could, and in thousands of in
stances did, select another or
ganization, independent or nation
ally affiliated, and at the end of
the contract period obtained an
election and made the change. To
charge, as dcej the Post article,
that this was impossible m closed
shop situations ignore the doctrine
of the Rutland Court case prev
iously mentioned under which the
old beard had ruled that no em
ploye could be discharged under
a closed shop simply because of
his desire to change his union
affiliation.
It is greatly significant that
the new law seeks as an end re
sult the oustng of unions snd the
discontinuance of existing collec
tive bargaining relationships.
This purp'ose, directly opposite
to the purpose of the original
Wagner Act which encouraged
such relationships as a means of
achieving worker protection and
industrial peace, is evidenced not
only by the decertification pro
vision but also in other sections
of the act.
For instance, under the new
law an employer can now peti
tion and obtain an election when
ever any individual claiming to
represent 30 per cent or more of
the employes asks tor bargaining
rights. Thus, the timing of elec
tions csn very easily be deter
mined Dy tne employer ana not Dy
the petitioning union through the
simple expedient of having,, some
individual, acting as an employer
stooge, claim bargaining rights on
behalf of some group of em
ployes, whereupon the employer
files the petition even though the
bona fide union attempting to or
i g&nize the plant is not ready for
| an election. If a “no-union” vote
results, another election cannot
. be held foi< 12 months, and thus
I organization can he forestalled
for indefinite periods.
Another very outrageous ex
ample of how existing bargaining
1 relationships can be discontinued
! is seen in the section which pro
hibits striking esnployes from par
ticipating in elections. Suppose a
uaion which has been duly certi
fied as exclusive representative
kfor employes calls a perfectly
valid strike, as, for instance, in
protest against employer breach
of an existing contract or in pro
| test over a wage cut, and the
j employers breach of an existing
contract or in protest over a wage
cut, and the employe unanimouly
repond to the strike call. , Under
the act the employer is free to
hire scabs to replace the strik
ing employes. These scabs can
then claim bargaining rights and
the employer can demand an elec
tion. In any such election the
employes out on a legitimate
strike are forbidden to vote, and
thus at any time that a strike is
called the employer can use the
strike for the purpose of termi
nating a previously existing bar
gaining relationship. Again it is
clear that any Congress which
had, in mind the encouragement
of the collective bargaining re
lationship and the protection of
employes in their economic strug
gle for better wages and hours
could not have inserted in the
law the various methods to fore
stall or extinguish bargaining re
lationships.' —If it is a privilege
to return to the era when work
ers tried to bargain on an in
dividual basis, in majestic, if pov
erty-stricken, aloofness from fel
low | employes, then the Taft
Hartley law does confer privi
leges. and the workers of this
country, “as unknowing heirs,”
have received their “legacy.”
NLJtB DECISION FAVORS
FEDERAL LABOR UNION
Washington, D. C.—The Na
\ tiona! I^abor Relations Board ren
j It red its first decision affecting
* i Federal Labor Union, chartered
t directly hy the American Federa
j tion of Labor, in the AFL’a favor.
The board ordered two chal*
lenged ballots to be" counted to
determine the results of a col
lective bargaining election among
employes of the Blue Star Air
lines. Inc. Rio Grande, N. J.
AFL President William Green and
c, -cfiry-TVcaavrer George Meany
pavad the way for board action
in •h'* matter /hen they signed
the *on~CoBimu ist affidavits re
quired by the Taft-Hartley law.
They acted foil wing the decision
of the AFL convention to desig
nate them as the only officers
of the AFL ant to strip the AFL
Executive Gotn.c’l members of
their status as AFL vice-presi
dents.
Every holiday
has its significance, but none can
compare with Christmas. It is the
one time of the year when self-seek
ing gives way to selflessness, and all
are united in one common attitude
of good will towards our fellovymen.
INDUSTRY IS WARNED
ON ARTI-LAROR LAW!
—
New York City.—Dr. George
W. Tavlor, professor of industry
at the Wharton School of the Uni
versity of Pennsylvania and a
former member of the War La
bor Board, warned that industry
as well as labor may be harmed
by the Taft-Hartley law.
Dr. Taylor's warning came in
an address to the recent conven
tion of the National Association
of Manufacturers before which
many speakers rose to praise the
law and the bjccessful efforts of
the NAM in assuring its passage.
Taking a slightly different ap
proach to an analysis of the law,
Taylor asserted that it may turn
out to be “a restriction of the
collective bargaining rights of
both employe.^ and employers.*'
Under the law, he said, the
government “assumes a greater
responsibility for controlling in
dustrial relations than ever be
fore seemed necessary.”
“'Since political power rather
than economic power now becomes
the final arbitrament, the new la
bor policy ag it evolves may prove
to be more detrimental to indus
try than to organized labor," Tay
lor asserted.
FOOD CO-OPS BEAT CHAIN
STORE PRICES IN EAST
New York City—Food co-opera
tive stores are competing sac
ce’.'fully with the large food
store chains in the east. This
was revealed in a shopping com
parison in four eastern cities.
In Boston, the co-op bill was
ton • cents less than the chain
store bill. In New Haven the
co-o£ total was 20 cents less. In
New York the co-op was fiva
cents behind the chain and in
Washington the totals were the
same.
GREEN ENDORSES IMACH OF
DIMES DRIVE; URGES IFl
SUPPORT APPEALS FOR AID
Washington. D. C.—AFL Presi
dent William Green endorsed the
coining annual drive for funds to
be launched by the National Foun
dation for Infantile Paralysis.
Commenting upon the well
known March of Dimes campaign,
Mr. Green, in a letter to all un
ions and state federations of la
bor affiliated with the AFL, said
the “working men and women of
the nation are conscious of the
fact that this is a most worthy
cause and is deserving of the sup
port of all classes of people.”
The March of Dimes drive for
1948 will get under way on Jan
uary 16 and end on January 30,
the birthday of the founder of tha
Foundation for, Infantile Paraly
sis, the late President Franklin D.
Roosevelt. The campaign is un
der the direction of the Franklin
Delano Roosevelt Birthday Me
morial Committee. ,
In his letter urging support for
the fund’s appeal, Mr. Green em
phasized that contributions made
by working men and women will
help care for the victims of in
1 fantile paralysis in homes of other
members of the trade union move
ment. He added:
I “I commend this worthy cause
! to your favorable consideration
! and urge that all organizations
affiliated with the American Fed
eration of Labor, as well as the
individual members of the Amer
ican Federation of Labor, con
tribute'in as large a way aa pos
sible to the appeal for funds for
the National Foundation for In
j fantile Paralysis, lnc„ which is
! being made by” the Franklin Del
I ano Roosevelt Birthday Memorial
I Committee.”
USES REPORTS 528,000
JOB PLACEMENTS; OCTOBER
PEAK MONTH FOR VETERANS
Washington, D. C.—Job place
ments in non-agricultural occu
pations made by public employ
mitt agencies totaled 588,000
during October, the United States
Employment Service announced.
Of this total, veterans were
placed in 179,300 jobs, a new
peak for the year. Handicapped
persons numbering 30,800 were
placed in jobs during the month,
the USES report said.
"The favorable labor market
conditions which prevailed in Oc
tober were reflected in employment
service activities. The reporta
received from 1800 local offices
of the State Employment Service#
showed significant gains in coun
seling interviews snd employer
visits.
“Counseling interviews rose 19
per cent over September to 11k,
000. Counseling interviews with
veterans rose 9 per cent amount
in^ to 60,200. The volume ol
employer visits increased sharply
in October, rising 10 per cent over
September. Employer visits in
October totaled 209.600 — the
highest postwar level.
"Non - agric ultural placements
showed a slight decline follow
ing September's unusually large
increase, but continued at higher
levels than at any other time dur
ing the year.
“Placements in construction con
tinued upward to 73,400, a new
postwar high. All occupational
categories of workers, except the
unskilled, . registered placement
ggins, with' professional and man
agerial showing the largest rela
tive increase. Placements of
service w. -kers (118,400) topped
all previous levels in the postwar
period. Placements of clerical sad
sales workers (56,200) and skilled
workers (36,000) were the highest
of the year."
ILGWU “ADOPTS"
62 WAR ORPHANS
New York Oity.—The AFL’s
Irtemational Ladie* Garment
Workers Union, Local 62, voted to
“adopt” 62 war orphans in' Euro
l>ean countries.
Louis Stulberg, manager of
Local 62 and a vice-president of
the ILGWU,, announced that the
union decided to give $18,600 to
provide for the care and feeding
of the group of children for a
year.
More than 800 members of
Local 62 indorsed the program
when it was recommended by the
anion’s executive board at a
meeting here. Local 62 is the
ILGWU’s undergarment and neg
ligee workers’ unit, whose more
than 17,000 members are virtually
all women.
The money, according to the
current plana, will be raised
through voluntary contributions
by Ixtcal 62 members, with the
union guaranteeing that the full
sum will be forthcoming. The
money will be distributed N Italy,
France and other countries
. through relief agencies, the union
raid, adding that tt will go to
maintain children’s homes already
set up to care for orphans.
Local 62 pointed out that its
members will keep in personal
touch with the children benefit
ing by their efforts. The plan,
described as the first mass pro
gram of its kind, requires $300 a
year to provide for each child
! SEASONAL FARM DECLINE
I CAUSES EMPLOYMENT DROP
Washington, D. C.—Civilian em
ployment dropped 609,000 to 58,
594,000 in November because of a
seasonal decline in farm work.
The Census Bureau report'd
the total was the smallest since
last May.
Non - agricultural employment,
however, rose 26,000 to a record
of 50,609,000.
SURVEY REVEALS INDUSTRY
FAVORS OLDER WORKERS
FOR LOYALTY. PRODUCTION
Now \ ork City. — Encourage
”''nt for America’s older workers
is provided in a. report stating
that they are considered by in
dustry to be more loyal, absent
less,, and just as productive as
younger employes,
This was the conclusion reached
in a report of a survey conducted
by a New York State Joint Leg
islative Committee on Problems
of the Aging. 1
Investigators for the committee
begin their study two months ago
with the knowledge that in about
JO years half of America’s citi
zens will be over 45. Fifteen per
cent will have passed the 65
mark. Acute medical, social and
economic problems will result
from this state of affairs.
Through the committee, New
York State is now preparing the
answers to future questions, the
report indicates.
In the study a thousand em
ployers responded to questions.
Large and small, they reached the
overwhelm^pg conclusion that old
employes — from a dollars-and
eents point of view alone—are
an asset and not a liability. They
found old persons more experi
enced, more conscientious and
distracted than younger workers.
The committee found that three
out of four employers queried be
lieved older workers produced as
much as younger ones; only one
out of eight thought youth had
the edge when it came to produc
tivity. Seventeen per cent
thought the oldsters were more
loyal ami conscientious than the
younger employes, while 80 per
cent termed the former as loyal.
In the face of findings lik'i
these the report says, “the big
job ahead is for industry to do a
personnel engineering job on ita
older workers so it will know ex
actly what kinds of jobs the eld
erly can perform best. This in
volves not only scientific testing
of old folks but also a breakdown
of the duties of the thousands of
different jobs in industry.”
For it* immediate objectives tha
committee will seek to disoovsr
to whst extent industry discrim
inates against the aged and to
single out the possibilities for
encouraging the development of
private pension systems. It will
also look into the possible need
dor revising the workmen’s com
pensation law to encourage tha
hiring of older persons.
TRACY URGES ACTION
TO 6ET VOTES IN ’48
Chicago. Dan W. Tracy, presi
dent of the APL’s Brotherhood
of Electrical Workers, urged poli
tical action and an intensified
drive for new members as the
means of insuring defeat of la
bor’s foes.
Speaking before a regional
meeting attended by over .‘MX) rep
resentatives of the union, Mr.
Tracy concentrated on these two
major appeals for future action:
1‘. The best way to fight the
Taft-HartHy Act ig to organise
more vigorously than ever before.
“Let’s push a drive for political
action.” “Every member of our
organization should register so as
to be qualified to vote in the
1918 election," the IBEW chief
tain declared. “Get your friends
and members of year families to
register, too.
“If we keep building our or*
1 ganization and if we turn out
1 solidly at the polls in 1848, we
: will give the enemies of labor an
answer they will never forget,”
Tracy said.
^legates thunderously cheered
Tracy and laid plans to achieve
these goals.In their homo com
munities.