The Butler County press. [volume], December 11, 1936, Image 1

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New York City (ILNS)—Supreme
Court Justice Samuel I, Rosenman
ruled here that collective bargaining
agreements between labor unions and
trade associations are immune from
the provisions of the state anti
monopoly act.
This decision came in a suit which,
as every court wag remarked to every
other one, "made the fur fly." The
American Fur Manufacturing Asso
ciation, Inc., together with 19 of its
members, brought suit against the
Associated Fur Coat and Trimming
Manufacturers, Inc., and the Interna
tional Fur Workers' Union. The suit
asked the court to declare the agree
ment between the union and the rival
fur association null and void, because
looking toward the establishment of
monopoly, and to enjoin the defendants
from continuing alleged "acts of vio
lence."
To back the charge of monopoly, the
plaintiffs quoted a clause in the agree
ment with the union that "there shall
be but one collective labor agreement
in the fur manufacturing industry in
the greater city of New York."
Pact Declared Legal
Justice Rosenman denied the in
junction and summed up the case
thus:
"I have concluded that the collective
agreement, attacked by this complaint,
is cloaked with immunity by virtue of
Subdivision 2 of Section 340 of the
general business law, which exempts
labor unions.
jj|r
Labor Agreement Held Immune
To New York's Anti-Trust Act
Collective Pact in Gotham Fur Industry Exempt From
Law Directed at Monopoly, Justice Rosenman Rules
in Suit Against Employers' Association and Inter
national Fur Workers' Union.
GRAND OPENING S
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"If the contract be held legal as to
the defendant labor unions, it must,
likewise, be held valid as to the de
fendant association. The contract can
not be effective as to one signatory and
ineffective as to the other. If a labor
union is legally entitled to enter into
the agreement here assailed, such
privilege would be wholly illusory if
the contract were to be held invalid
as to the other contracting party."
Justice Rosenman said that the ob
vious intent of the law as it stood was
to "remove from labor unions all pro
hibitions which have their basis in re
straint of trade. Whether such pref
erences are proper is not for the
courts, but for the legislature, to
decire. They are reasonable classi
fications, which it is not the judicial
function to disturb."
Goes Back to Rail Cases
This, as an attorney for the defend
ing union pointed out, goes back to
the old days when the Supreme Court
of the United States, in these closely
similar railroad cases, told the plain
tiffs to go to the legislature, not to
the courts.
The union is said to control 98 per
cent of the fur workers in the metro
politan area, and has refused to make
a contract with the complaining as
sociation, though ready to make one
with the individual firms, or to extend
the contract of the defendant associa
tion to all fur firms that join it.
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THE BUTLER COUNTY PRESS.
Tampa, Fla. (ILNS)—Continued
pressing of labor's fight for 30-hour
week legislation was assured by action
of the American Federation of Labor
convention in voting virtually unani
mously to demand a federal 30-hour
week law.
The convention, on its closing day,
declared that the 30-hour week was
the "only means of mastering unem
ployment" and instructed the execu
tive council "to take all necessary
steps to have a 6-hour day and 5-day
week bill introduced and enacted into
law at the coming session of con
gress."
The convention also declared the
6-hour day and 5-day week the "para
mount objective" of the A. F. of L.
and instructed the executive council
"to spare no effort in enlisting the
support of all the people in its be
half."
Green Defends Proposal
William L. Hutcheson, presidednt of
the United Brotherhood of Carpenters
and Joiners, opposed the convention's
stand on 30-hour week legislation on
the ground that what congress can
give it can take away. He urged eco
nomic action as the best way to
shorten the work day and week.
President William Green, of the A.
F. of L., defended the shorter work
week as the only remedy for techno
logical unemployment. He said that
if displacement of men by machines
cannot be stopped by the 6-hour day
and 5-day week, then labor must de
mand even fewer hours.
Action in closing sessions of the
convention included important changes
in basic law of the federation. These
provide for action in cases where sus
pension is held necessary and for in
troduction of resolutions in future
conventions.
Curb on Resolutions
Hereafter all resolutions must be
filed with the president or secretary
30 days prior to the convention, ex
cept in the case of state federations,
international unions and departments
which have held conventions within
that 30 days. They may file resolu
tions up to five days before the con
vention. State federations and cen
tral bodies may send only such reso
lutions as have been adopted by these
bodies. Federal unions may file resi
lutions with the executive council and
the council is required only to advise
the convention of its disposition of the
resolutions.
The convention also limited the
right of central bodies to boycott em
ployers which have agreements wjti^
VOL. XXXVI. No. 36 HAMILTON, OHIO, FRIDAY, DECEMBER 11,1936 ONE DOLLAR PER YEAR
Utli* i- k k.'\L
One Gate He Can't Crash
ofL.
Convention
LAW IS DECLARED VITAL TO
MASTERY OF UNEMPLOYMENT
President Green and Other Officers Re-Elected,
As Tampa Convention Ends—Changes in
Basic
Federation Law Voted.
SPOST5 STADIUM
competitive
AMAT6UR
ATWLeTICS'
30-Hour Week Legislation Now
international unions, or with locals of
internationals, without the consent of
the organization with which agree
ments are made.
Green Again President
Resolutions directed at curbing the
supreme court because of failure of
various New Deal social measures to
withstand constitutionality tests led to
an hour of oratory at the end of which
the convention accepted the resolu
tions committee proposal that the is
sue be referred to the executive coun
cil for study and future action if
necessary.
President Green, Secretary-Treas
urer Frank Morrison and all other
officers were unanimously re-elected.
George M. Harrison, president of the
Brotherhood of Railway Clerks, nomi
nated President Green, who begins his
thirteenth term. Secretary Har
rison's election was for the fortieth
time, he having first been chosen in
1896.
Fraternal Delegates Elected
The convention elected as fraternal
delegates to the British Trade Union
CongTess, W. C. Birthright, of the
Barbers' Union, Indianapolis, and
James J. Ryan, of the Sheet Metal
Workers' Union, Chicago.
Ttudolph Henning, of the Machin
ists' Union, Minneapolis, was chosen
fraternal delegate to the Canadian
Trade and Labor Congress.
Denver was selected as the conven
tion city for next year.
Berry Expects
Business Cooperation
Washington, D. C. (ILNS)—George
L. Berry, coordinator for industrial
cooperation, expects full cooperation
on industrial progress in December,
from busness interests in his confer
ence on industrial progress in Decem
ber, officials said in reply to reports
that many industrialists would boy
cott the meeting.
Berry's office announced the only
refusals to attend the meeting have
been received from persons unable to
attend due to other engagements.
The meeting, which is the second
called by Berry to weld business and
government sentiment, has been her
alded by federal officials as an oppor
tunity to further announce intentions
of businessmen to cooperate with the
government.
Some 3,700 invitations were sent
out.
Subscribe for The Press.
Deman
Milwaukee (ILNS)—The Planking
ton Packing Company plant here was
crippled as 800 employes went on
strike demanding union recognition
and a 40-hour week. The strike was
voted by the Amalgamated Meat Cut
ters' Union after union officials re
ported that the company refused
recognition.
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LABORASKS
Commission to Fix Maxi
mum Hours in Buses
Washington, D. C. (ILNS)--Labor
has carried to the interstate commerce
commission its fight for shorter work
ing periods in the bus industry. Un
der the motor carrier act, the ICC
is authorized to fix maximum hours
of bus drivers.
Labor has also asked the commis
sion to protect the right of workers
in the industry to collective bargain
ing.
At a hearing on maximum hours
before the Motor Carrier Bui*eau of
the commission, labor was officially
represented by the Amalgamated As
sociation of Street, Electric Railway
and Motor Coach Employes whose gen
enral counsel, Charlton Ogburn, made
a statement of the position of labor
in the bus industry, especially of the
Amalgamated Association. Ogburn
also cross-examined managers of bus
companies who testified, some of them
in opposition to any limitation of
hours at all by the commission.
Ogburn in his official statement at
the hearing protested that the hear
ing had been limited to the factor of
safety alone as determining maximum
hours. He maintained that other fac
tors should be considered, such as the
effect of long hours on the health and
welfare of the drivers. He stated that
the motor carrier act was linked to the
national labor relations act, which
•guaranteed to bus and truck drivers
the right of collective bargaining.
He pointed out that contracts be
tween the unions and the companies
provided a more flexible method of
fixing hours according to varying con
ditions, but that since some of the
companies had successfully resisted
the efforts of their employes to or
ganize, he thought the interstate com
merce commission should perform its
duties under the act and fix maximum
hours.
When workers do not receive enough
wages to buy the goods they create,
labor unions and union labels will
correct the svstem.
Says:
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