Labor and the Negroes
Gittelaon, Bernard
Labor and the Negroes By Bernard Gittelaon I A8T week the newspapers reported a unanimous decision rendered by the Appellate Division of the Supreme Court of the State of New York which reversed...
...The New York local believing that such an act would Violate the laws of New York brought the matter to the attention »f the New York State War Council's Committee on Discrimination in Employment...
...The unanimous bench stated, "The opening ritual of an association includes a recital that the membership is pledged to the betterment of service conditions...
...This in face of the fact that President Roosevelt himself, on Labor Day 1940, at the dedication of the Chickamauga Dam of the Tennessee Valley Authority, specifically endorsed collective bargain agreements which the Authority had just signed with fifteen A. F. of L. unions...
...JT is significant to add that collective bargaining „ agreements have been negotiated by organizations of federal employees not only with the Tennessee Valley Authority but also with the Alaska Railroad, Securities and Exchange Commission, National Labor Relations I:..;.,.I...
...Among their conclusions were: 1 Many organizations founded as mutual benefit societies evolved into trade unions...
...LL this was submitted in evidence to the Supreme Court...
...Sterling D. Spero, co-author of The Murk Worker and also well known authority on Government and Government employee unions, and Herbert R. Not tin up...
...The need for labor organization among Government employees is demonstrated by the fact that there are, according to the most recent figures, over (>00,000 employees of all Governmental levels in the United States organized in unions affiliated with the American Federation of Labor, the Congress of Industrial Organizations, or independent unions...
...that the Railway Mail Association through its periodical, the Railway /'<>af Office, boasted of its achievements as a labor oi ga ni/.al ion...
...that the A. F. of L. Sfhnits "only bona fide labor organizations...
...We have also been instructed by President Green to give all aid and assistance possible in connection with tins case in an effort to reverse the basis for the decision" Mr...
...The Attorney General sought to appeal this decision at once...
...The right to join such organizations is in many instances specifically guaranteed by law...
...4 Labor organizations in Federal, State and Municipal service are a common phenomena...
...begins with the words :The public interest in an undertaking such as the T.V.A...
...The national union when apprised of the action of the New York local ordered the ouster of the seven Negroes...
...always being paramount' . . ." This statement by the President indicates that Government has no fears that agreements SJsetween labor organizations and Government agencies are a threat to public authority and the sovereignty of the State...
...f Labor since December 17, 1917...
...The case was argued in the Appellate Division of the Supreme Court in January, 11)44, and the unaiiimuiiir decision of the court reversed the opinion of Mr...
...The Committee in-veatifsted and referred the case to the Industrial Coin-miisioner who is charged with the enforcement of the Civil Rights law...
...In addition, there are tens of thousands of workers in the Federal, State and Municipal services who are members of regular trade, craft or industrial unions with members in private as well as public employment...
...The Association comes clearly within the statuory definition of a labor union...
...Section 43 of the Civil Rights Laws which bars labor unions from denying membership.to any person on account of race, color or creed...
...In such organizations mutual benefit and labor relations function and operate in a complementary fashion...
...The unique •>f*nee set up by the plaintiff was that the Rail *ay Mail Association waa not a labor organization •at rather a fraternal and mutual aid society and therefore outside of the jurisdiction of Section 43, w»'rh dealt only with labor organizations...
...It is noteworthy that the splendid new agreement between organized labor and the T.V.A...
...These are organizations composed wholly of government employees...
...Justice Murray said: "To tolerate or lerognize any combination of Civil Service employees of the I>o\e111ineoi as a labor organization is not only incompatible with the spirit of democracy hut inconsistent with every principle upon which our Covernment is founded" The fact is that Government has recognized unions of government employees for generations...
...3- The reason for the growth and development of employee organizations in Government service are, in the President's own words ". . . basically no different from that of employees in private industry...
...The case Involved an attempt by the Rail Mail Association (AFL) to bar Negroes from membership by compelling the local in New York to abide by the National Association's constitution which opens membership only to any railway postal clerk ". . . who is of the Caucssian race or a native American Indian...
...Y. State War Council...
...Mr...
...The decision was in the matter of the Kuiluay Mail Atto-eiation vs...
...Justice Murray...
...This law carries provision for $100 to $500 fine or thirty days to one year imprisonment or both for violators...
...that the "sited States Government, through its Department of **•»* lists the Railway Mail Association as a trade BP" *»d labor organization in its Handbook of Trade Usions...
...The Court also serves notice to the many railroad, seamen and other unions who by constitution, tacit agreement or practice deny to any person membership on account ox race, color or creed, that the State will not tolerate such practices...
...The Lloyd-LaFollette Art of August 24, 1912, guarantees to the postal employees the right to form labor organizations...
...The Commissioner sought an opinion from the Attorney General who ruled that the Railway Mail Association fell within the jurisdiction of Sec-tk* 48 of the Civil Rights Law and therefore could not bar or deny membership on account of race...
...The labor movement of all sections of society must recognize the fact that in order to play its rightful role in a democratic society it must itself practice democracy...
...author of the recently published Oi yumzed l.nhoi mid Hip Negro, were called in as consultants to prepare an economic brief...
...It states that the activities of the Association are directed "to promoting the welfare of railway postal clerks by improving conditions under which they work—and thus by its own acts the Association has interpreted its charter to include certain phases of collective bargaining and dealing with the Federal Government concerning grievances, terms snd conditions of employment and rendering its members mutual aid and protection...
...Edward S. Com at Indutti ml Committioner and Nathaniel L. (loldttem at Attorney General...
...The Murray decision contained statements which, if not reversed, would not only have condoned race discrimination among public employees, but would also have dealt a death blow to all (internment labor unions...
...United States Printing Office, Panama (anal /one, and others...
...However, in a decision that rocked the labor world, Mr...
...He declared: "Collective bargaining and efficiency have proceeded hand in hand...
...An Association publication recites among its achievements the improvement of the service and conditions of employment...
...5 The Railway Mail Association is a bona fide labor organization within the meaning of the laws of the State of New York...
...Gittelton is « statistical analytt with the Committee on Discrimination in Employment of the iV...
...Labor and the Negroes By Bernard Gittelaon I A8T week the newspapers reported a unanimous decision rendered by the Appellate Division of the Supreme Court of the State of New York which reversed one of the most dangerous and damaging de-eisions against organized labor in the last decade...
...The New York local then admitted seven Negroes into membership in conformance with the laws ef the State of New York...
...Justice Murray not only raises the old bogey of strikes in the public service but further goes on to say that collective bargaining has no place in Government...
...Justice Mm ray upheld the Railway Mail Association in its contention that it was not a labor organization AFL General Counsel Joseph A. Padway declared that he was "shocked" by it "It is most amazing," he declared, "that in this day and age any person occupying the position of Judge should render such an unwarianted decision...
...search soon uncovered that the Railway Mail As-¦•dstion was an affiliate of the American Federation...
...The New York local, aware of this provision, was also aware of the laws of the State of New York, to wit...
...that the Railway Mail Associa-JJ* appeared before Congressional committees in order •hring about better working conditions...
...The national officials of the Railway Mail Association sought to set aside this opinion by bringing action in the Supreme Court of the State seeking ¦ declaratory judgment against the Attorney General and the Industrial Commissioner...
...that the Railway Mail Association had sought h) better the working conditions of its members...
...This decision effectively prevents labor unions from evading compliance with labor laws or anti-discrimination laws by the subterfuge of hiding behind their fraternal or mutual aspects...
...that *• Railway Mail Association had working agreements "J* the Poet Office Department which the Railway Association itself compared with collective bar-fPfcaff agreements...
...Padway, along with many others, sought to appear as amicus curiae...
...These include unions in the building trades, metal trades, needle trades, transportation and printing industries...
Vol. 27 • April 1944 • No. 14
