NO MORE STRINGS ON LABOR!

Waldman, Louis

No More Strings on Labor! By LOUIS WALDMAN r|-»HE PRIMARY AIM nl laboi I. gis I latum is to promote industrial peace and stability -with Justice Hi thging the labor unions undei llie Sin i man...

...too, in the political sphere, laboi leaders have become "kmg makers": It is the Ddbinskys, the Careys and the Greens, rather than the Morgans...
...The funda mental purpose of the antitrust laws is to preserve competition among busi oess men in the interest of all of us...
...principle is the vei y anil thesis of the Shei man Anti Ti list Act Some observers take the view thailabor's exemption from the Sherman Ait is disci iiiiinatoi y and unfair...
...He is the author of "Labor Lawyer...
...Moreover, this pro posal, while alined id labor, would Jn effect hit many industries that have established high standards of labor re lations Anv attempt at this tune to compel unions to rleal with each employei separately, and at different tunes, will create anarchy, particularly in highly competitive mdusti ics...
...At the same tune, we must recognize that this suden shift of fundamental power took place in a crazy eia and car ind with it actual and potential abuses A political and social climate existed which encom aged laboi leaders and then mass followers in the belief that the triumph of laboi was the inevitable decree of history, that any tactics were justified, and that laboi could do no wrong Brilliant liberals, with an an ot bland sophistication which really masked starry-eyed innocence, were the chief architects of that social and political climate and weie largely lesppnsible for many of the labor abuses Labor must realize today that the sit down strike and othei combat tactics of the CIO during its formative peiicxl were romantic nonsense, which should never have been used and should be abandoned The labor movement should tie re educated to the doctrine that it must tempei its power with responsibility, and that it cannot succeed unless its demands, policies and tactics are based on justice and fairness, and above all, honesty Kuril a policy of re education, not the building ol labor under the Sherman Act or the curbing of industry wide bargaining, is the primary need ol the moment...
...Yet, it is sheer propa ganda to say that industry wide hai earning is not already regulated by law The issue received a thorough airing in the committee debates which pie ceded enactment ol the Tall Hartley I.aw The result nil', statute, as evei y laboi relations lawvei knows, con lamed sevral piovision...
...In IU90, concededly m the public in iciest, Congress enacted the Sherman Act, favoring five competition How ever, in 11114...
...Tin . pi in i ion <.i the ( lay Ion Ac I was fin thi i if Infort ccl in I\I.V.' by Ihi N.....s LaGuardia A< I, which effei lively exempted laboi limn both Uncivil and the ci in Ina I jui isi I lit ion of I lu ¦ Shei man Act The Wagnei Ait in lll.'li and the Taft Hartley Art ol 11147 tic dared in favoi ol Ihe extension and growth of organized laboi and tin tree doai ol collective bargaining WE HEAR MANY VOICES raised in favor of curbing or abolishing iiidustiv wide bargaining...
...without 11ai gaining with them The hall mi tin i In,ed ' hop i- anolhei 1111111 a 111111 So is Ihe piovision making il .in mil.hi laboi piacticc foi a union to ii strain in i net re an employes in tin election ol In ii pre dilative . I.n , ,,l 11 i I' 11 g 11 a i j...
...then undei lying philo Sophy, expressed m popular terms, i that competition is the life of tiade On the othei hand, the basic purpose ol labor unions is In raise living stand aids over the widest possible ana...
...11 a 111)' i a I hi - .id) list me ut 'I ci a vain is Til I'll fill 'Ills III.ill till ,, ; null...
...All the.*have In.loin ally In en staph' inlittei > lis i ullec I is i I...i gaming, and si ill ai ¦ Should inn...
...as consumers...
...OVER THREE-QUARTERS of a cen tin v nf collective bargaining has taught us that the standards of labor yj BP'' factory oi in one market are not sale, inn are the employers setting those ¦ landaids secure in their business, tin less othei employers and markets are compelled to do likewise...
...propo i"l '...ml.I lie In . i ipple i o| lective bargaining...
...Hill there is nothing anomalous or strange in this exemption Many ol our mstitu linns, because of their special aims and objectives, do not fall under certain laws which, il applied to them, would defeat those aims and objectives Churches, for example, do not fall with in the general laws of taxation...
...BUT FURTHER restrictive labor re gisttation is no legitimate answer to these complaints There are many, even outside of organized labor, who believe that the shift of power bom the com parativelv few to the broad masses ol Anus < ans...
...industry wide collective agree incuts aie the rule, rather than the exception They ai c not only tolerated, but em oil I aged Thai is also public policy in tin" United States...
...limitation 01 abolition of industry wide hie gaining Neithei of these proposal: contributes to a solution of labor man agemclit problems, ami they may well aggiavate them 'I'tiey will bring back the injunction evils of the past limit-1 the vague provisions of the Sherman Act, and will "Halkam/e" the labor movement by banning industrywide bargaining...
...Sat terlys and Aldriches, who dine at the White House these days That sort of shift of powei hurts, anil those who are deprived ot such powei naturally complain and complain bit terly...
...thin, establishment ol his" minimum stainlaids on an indiistiv '.yule li'gloll wide hi m iiket wide basi . Ihiuugh I'llliilivi I i.i i gaming also I"' pel nutted'' Naturally, that is nut In leiomiiiio I ficc'Zing ciilleilivi 11 ti j.;,iiiin ig bv lav.' In all inchcti > v\iile i,i legion wid*" basis That would he as llllsoUIld a . 11 eezing by law the single employs unit in any pal I n lllai unit foi pin poses ol colleilivn bal gaining...
...They are, in slioit, pro posals of despan and defeatism, not of constructive helpfulness Certain people lay too much stress on the restrictive approach to labor-man agoment relations They forget that labor management relations are human relations, overlooking the common in forests of both parties and then joint obligation to the nation To be sure, this punitive attitude toward labor on the part of some cm plovers is not wholly incomprehensible in the light of recenl history Organized labor has grown in just fifteen years 11 niu :»,()00,000 to 1 ,r),000,000 members, bringing about a fundamental shift in economic power from business to labor So...
...Il is a policy thai has In c'li iclli-cted in iodic nil pi oooiince incuts as well as in lecent t'ongies ainial c ilac tmelds ('-ingress, acting in tin' public intci • I has set up a national minimum wage, minimum standard w< c k an I iiiiiiimum oveitiiin pav iale...
...organized in trade unions, is in lln public interest...
...al ready agreed upon by otheis n Hie in diistiy...
...This ran be achieved not through competition, but through com lunation cooperation, and mutual as sistancc Tin...
...With the ad vent ol tin- modern corporation ami holding company, the product of i 11 sun 11 ,ii I ii 11 i in Call loi nia may affect Ihe .landaids ol Ihe win kiss in a New Yoi k factory pioducing the same com modify because of its powei to com pile loi Hie consumers dollar Only i national union, dealing on an industry wide oi region wide basis, can pro feci (he u en kci.' inbicsts from such control and tin- consequences of such eompetit ion In other <leuioci atic countries with Ihe best rccoids loi industrial stability and peace, such as England and Swe den...
...braising wages and improving winking conditions...
...SIXTY YEARS' EXPERIENCE have amply demonstrated that the Shei man Act is simply unsiiited to meet tin problems of labor management rela lions Shoes made to fit a ballet ilaneei are not suitable for an infantry sergeant Many lawyers and judges believe that the Sherman Act was never in tended to apply to labor...
...Congress, with the con cm i elite of President Wilson declared in Section (i of the Clayton Act that "the labor of a human being is not a commodity of commerce . . . nor shall such I labor I organizations or the members thereof be held or con strued to be illegal combinations or conspiracies in restraint of trade and the anti trust laws...
...winch di I'm llelv contiol iniliisli v wide bargaining Koi one thing, a union cannot compel employers against their will I" bail'..on nil all infill: 11 '. wide basi Koi alliiHn i I he l ei j 1111 in m nf tli.it Unions baigain in good laith with em plnveis and Ihe prohibition "I second .a \ boycotts make it impossible loi a iinh hi to present an employe i ol a gl oup id employers with a contiact...
...By LOUIS WALDMAN r|-»HE PRIMARY AIM nl laboi I. gis I latum is to promote industrial peace and stability -with Justice Hi thging the labor unions undei llie Sin i man Anti Trust Art will not ad vaoie that aim Noi will the tin tin...
...TI1' poinl i, Ih.il i KjMiiencc has t ghl ii lh.it c iillei live hai is..s.ni' to be > it- < live, must In lie sibli I.ouis Waldman has been a promi nent labor attorney for many years, and has written for the Saturday tiinp Vast and other periodicals...

Vol. 33 • April 1950 • No. 17


 
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