Show H House HS use S 'S Unit Says Violates Constitution in Union Policy V WASHINGTON ASHINGTON Jan 26 P iP ii The Thc war labor lab r board was accused acc sed by a special hou house committee Wednesday of violating the constitution by requiring maintenance maintenance- clauses clauses' in union of-union membership I contracts between workers worker and employers I The committee set up to Investigate investigate Invest Invest- gate acts of executive agencies beyond the s scope ope of their authority authority authority author author- ity declared in a a blistering report to the thc house that the tho constitution can not be suspended by the president d dent nt or his agents merely because a state of war exists William Villiam H. H Davis W V Ti L B eh chair I man answering criticism of or the boards board's maintenance of union me membership stipulations ons cited the houses house's rejection last year by a a vote of f to 73 of or an amendment to the War var labor disputes act to prohibit the th board from ordering maintenance of union membership Five of oZ the seven committee tee members I in including n c I u di ng ag Chairman Smith D. D Va signed the report A dissenting opinion was as filed by Representatives Voorhis of California California California Califor Califor- nia and Delaney of df f New v York Democrats who held th the board has haa not exceeded auth authority duly I I Continued d oil Ott lAe Five I Column Four Kour House Unit Says Violates Constitution in Union Policy Continued from Page Part One granted to it by congress Itself Signing the majority report with Smith were Representatives Peterson Peterson Peterson Peter Peter- son D D. Ga Hartley CR R. R N N. J. J Jennings R. R Tenn and Hoffman HoHman R. R Mich The majority listed these policies as highly dangerous and menacing menacing menacing ing to the system of oC private enterprise enterprise en en- and the constitutional right of oC judicial judici l review of administrative administrative administrative admin admin- decisions One The Ono The board has adopted the policy that financial status or ability to pay of the employer is irrelevant and immaterial and that any employer whose business does not justify the Uie payment of what the board in its judgment or generosity generosity generosity gen gen- regards as a decent standard standard standard stand stand- ard of wages is economically in inefficient inefficient inefficient in- in efficient and ought not to be permitted permitted permitted per per- to remain in business Two The Two The board takes the position position position po po- that it has the right not only to fix future wages but to render a money award for back wages for services already rendered and paid for or without affording the employer an effective right of ot judicial re re- re view Forces Contracts Three Three The The board has promulgated promulgated gated and enforced a new legal I doctrine to the effect that it has the power and authority to compel the parties to execute a contract to do anything that the parties might voluntarily do irrespective of wh whether ther there Is any legal or obligation on the parties parties parties par par- ties so to do Four Four To To Ii order old r an employer against again t his will ill to to-cn to mem membership inu in a uni union n by requiring g continuance of membership as a condition of employment or requiring requiring requiring re re- re- re quiring the off check-off of union dues as a condition of employment isso isso is isso so clearly in violation of the law that it is difficult to follow the devious reasoning by which the board seeks to justify its The Five The board has not confined confined confined con con- fined itself to labor disputes in war industries but has assumed jurisdiction jurisdiction jurisdiction juris juris- diction over all aU types of ot interstate and intrastate business no ma matter ter how remotely they may be re removed removed re re- moved from any connection with th the war effort Violates Constitution Six Six Compulsory Compulsory a arb r b i which requires the parties to abide by the arbitrators arbitrator's decision is in violation of the constitutional rights of the parties The committee d devoted e v vat o t e d the larger part of at its report to union maintenance orders under which the W L B often otten requires that union members member remain members in good standing for the duration of contracts as a condition to continued continued continued con con- employment Generally however the has 15 days in which to elect either to 1 re remain remain remain re- re main in the union for the duration of the contract and if he withdraws withdraws withdraws with with- draws after the 15 days loses his job or 2 to withdraw from the union and continue his job as a nonunion Continuing the majority report said It is the contention of the board that they are acting by direction of the president of the United ted States and th that t the president has delegated such authority to them by reason of his war powers under the constitution The Tho president does not possess war powers' powers which a authorize him to compel an employer to relea release e workers w who o do not maintain their membership in a a. private labor union The UThe subservience of the n na national national na- na war labor board in bowing to the demands of its labor members members members mem mem- bers for union security has led in some instances to results which are the very antithesis of its avowed purpose namely to Increase and maintain the production of at Yar war materials In a chapter devoted to work stoppages regardless of national war labor boards board's directives the committee commented that notwithstanding notwithstanding notwithstanding not withstanding the he pledge made by representatives of ot labor not to strike during the war in the two years ended ende last December 31 labors la labors labors labor's la- la bors bor's strike record has been strikes man-days man of oC idleness and striking workers IThe I f The committee recommended recommenced that hat congress enact legislation to define with certainty the boards board's authority and to provide specific policies an and standards by which it shall operate Voorhis and Delaney in their minority views disputed the majority's majority's majority's ma ma- claim that the board did not derive from the war labor disputes disputes disputes dis dis- dis- dis act of 1943 its au authority to issue union security orders Hit Union Setup If It If the 1943 19 act which Representative Representative Representative Smith helped write means a single thing the minority minority minority minor minor- ity insisted it means that congress congress congress con con- gress placed upon the war labor board not riot alone the power but also the obligation to preserve labor peace by making decisions in cases where all other methods of settlement settlement settlement settle settle- ment Including direct negotiation conciliation and attempts at voluntary voluntary voluntary vol vol- agreement have failed In a side lecture to leaders leader of the labor movement Voorhis and Delaney observed that probably the two greatest dangers confronting confronting confronting con con- fronting the labor movement arc are arca arca area a tendency to concentrate authorIty authority authority author author- ity to too great an extent in the hands of union officials and a ate te tendency dency to depend upon government government government govern govern- ment particularly executive agencies agencies agencies agen agen- cies of government for Cor the maintenance maintenance maintenance main main- of its position its membership membership mem mem- or the stability of its structure The minority said It believed the board had hit upon a reasonably acceptable middle ground in its maintenance orders Referring to the year two strike record cited by the majority the minority said that more than two two- thirds of the time lost iron from ro J strikes in 1943 has been as 83 a result of the coal strike for which certainly th the war labor board can not be blamed |