The Evening herald., August 01, 1940, Page 9, Image 9

jAiiRUBt 1, 1910
THE NEWS AND THE HERALD, KLAMATH FALLS, ORE.
PAGE NINE
BEGINS
BEING
EOF
ODTHBIR
T
DOT
SALEM, Ore.. Ana. I (UP)
Salem began yesterday n five-day
"objprvanrp of Its ninth aiml
.';vpisry with ceremonies depict
"lug ltd progress from I he little
.! injssliin vlllagp nf llllll tu thu
.present city of over Ml, 00(1,
Tlio cciili-nmal. mi ciilcrprlso
OliNorvo 4roI(1ii Wwlillng
iw
4 tl
t )
r- .1,
"f participated In hv m-uily every- lM7'...' f -. ?t;f"l'Y:'
.Jiiitr In the capital, has trunn- ' i ?. . " f . J(T7 li)'('M.
sj formed the city from binding f t f 1 ' f 1
SlIMO Id tile 1 -t 0 lUflt) (I A t i xs JW ifV
', THie linrtl concrete ( sidewalk . eW. , i"",
'nrid streets rings to Mic hooted P 4 f
4 , ,tr
glutei nf whiskered pioneer and
sin swept by the amil.- skirts nf
'pioneer women The sliming
, pint it glass (routs
01 mi- inifti- if n : -' - o"V' T'CJ-a . if.
nw nouses nave wn covered LVJ f-'i'2i'-yfv-l; i.
.. by tlahwnart In simulation nf I ho Vtl ' ! ;V ; ;;', j , J j V e
, log cabin stores and trading "J . yj''X"ri'''i4flf
' po.it nf the c.nh Oregon hum - ' A.l'M' l TiT' tw'J'mi"m
cljanti '''' tl H4;'':''' 1
5 -Hon mill hniM' ihiinii viv t ' i'-h ' Si ; v 'iij'' I
i liii-lrn huvc iiikpit thru nhicp lii . t If.K t l $;Si"li?.-: - t
8 i Mil i
IK
J tfrtit I old in, (I tr.vmrr'. httit
f rtimr out nf ltir n! trunk
i In br !.n i-d on pnlillr (h.tpluy.
j Thi rily has lurnrd h.trk I HO
ytfarn io honnr lis pdntfcr fuurul
5 Four hirK' piirnrr?i. our i-iirh
I rvvntntf nf the lir.t four dii.vs
4 of thr rcnlctuiry. hnvr lrfi!
i n imiuivii .til il in hi i' (
f i . if i . .
j tllliriVIU IIUTIMT. 1 I)C IUM 1IW
Wpn hstrd jt fun pn rndr,
" njNirndny'f( will Ih fur thr
rtuuCst'-rs,
.1 T;Wpt4S"
J- re i
( 1
f 1 :
ulty have bpnn planned for cadi
duy uf the t'Piitonniul
River enromonloi und a dully
forum participated In by atate
and national loader! are export
ed to attract the inioroot of
many attcndlnK the celebration.
Tho five-day observance will
clone Sunday with a number of
pioneer family reunion and
church itathorlngii.
NEW AIRPLANE
VISITS KLAMATH
Aviation fan were attracted
to the Klamath airport Wed
npday by a tiny blue and itrey
airplane upecdiiifi through the
air over the city. It l.i a Cul
ver cadet, the firnt of lt kind
to vlnit the local port, owned
by Jerry Coluny of Medford.
C'oigiiy, an Instructor at the
Medford airport, flew the plane
here to upend the day giving
dual Instruction In Piper plane
to member of local flying club.
The two-place nhip ha a wing
spread of only 211 feet and a
cruifiing ped of 135 mile per
hour.
WEATHER
-Slf&t Friday.
Mr. and Mri. T. J. Durft. longtime rtildenU of Blebtr, Calif,
recently obiorvod their golden wedding annlvertary.
UnOTllrPN fAT.tr Fair tn.
night and Friday, but consider-
! able cloud or fog on coast; nor
mal temperature; moderate
northwest wind off coast.
GON; Fair tonight and
but some cloud or fog on
ormal temperatures; mo
derate northwest wind off coast
and gentle variable wind over
Inland waters of Washington,
tennliil pageant Four perform-1 the block-long
ances. beginning last night, will their part In the
deplrt the events leading up to ' "From Wildcnics to
the founding of the rily by the land."
Methodist ini;.Moiii.v. Jason Thirly-f ivp hands and drum
l.ee. and his followers and the eorps have been signed up for
progress from that time to the the celebration and concerts and
present with forecast of the dances each evening form a
large part of the daily program
Wonder
r rltlny s a ill (nituie
horse drawn el n !r-. ,in! inairh
lug groups in Ille eoslllliles of
Ihvir forbear and .Saturday, a
threp-hour grand renttnninl par
de baied on a modem military
preparedness theme, will he future
'"Red- ( The muslrnl background will' Tour to historic and industrial
On a huge stage rnntrueted be furnished by a 80-pieee sym- attractions havr been arranged
In front of the stato fairgrounds phony orchp.itru and a 200 voire or visitors. Open house at pio
criindstand nearly ;it)no Salem- mixed choir. Horspiripn and;necr business pslabllshments.
tes will participate In the ren- horse-drawn vehicles will crors churche and Willamette univer-
setting to add ' A college tennis star has stud-
prnrcsslon ' 'our year '"r t0 diplomatic
service, in aeiercnce to tne anii
nppeasemcnt trend, ho will avoid
tne word "Love."
P1N TREE ' SUNDAY
l V 1 1 lMrg5k JtwL iJ.y I 3 JJLr J L:Vj LX y V
. a- r&S- U,i. , ; - jav:"XM
iik' .,'8V Utt ot V - -Tfu. UeT efcr Oi III
IHIow Comme the Wajgnei' Act?
JOE BOYD Educational Director, Lumber and Sawmilf Worker, A, F. of L.
Some worker in the Klamath Basin ak, "What can we get by going union" 7 Some employer ay,
"What doe the union have to offer our men?" These are thort lighted question, and can be anwered
in a thort lighted manner. However, the purpose of thi article.it to thow a more, fundamental reason
for bringing unions into the lumber industry.
NATIONAL LABOR RELATIONS ACT
Sec. 7. Employees shall have the right to self
organization, to form, Join, or ssit labor organizations,
to bargain collectively through representatives of their
own choosing, and to engage In concerted activities, for
the purpose of collective bargaining or other mutual
aid or protection.
Sec. 8. It shall be an unfair labor practice for
an employer
(1) To Interfere with, restrain, or coerce employ
ee In the exercise of the right guaranteed In section 7.
(2) To dominate or Interfere with the formation or
administration of any labor organization or contribute
financial or other support to it:
(3) By discrimination in regard to hire or tenure
of employment or any term or condition of employ
ment to encourage or discourage membership In any
labor organization: Provided, That nothing In thi Act,
.... shall preclude an employer from making an agree
ment with a labor organization .... to require as a
condition of employment membership therein
(4 1 To discharge or otherwise discriminate against
an employee because he has filed charges or given tes
timony under this Act.
(5) To refuse to bargain collectively with the rep
resentatives of his employees
Union and Democracy
IT IS THE POLICY OF THE UNITED STATES TO
ENCOURAGE COLLECTIVE BARGAINING. Our in
dustrial system is based on the notion of "freedom of
contract": that is, a worker is free to accept or reject
employment, and the employer is free to hire or fire.
This I a theory. Mr. Justice Holme of the Supreme
Court gave protection to trade unionism at this point
when he said unions gave workers "equality in bargain
ing power." He maintained that there can be no true
freedom in making a wage contract without equality
in bargaining strength.
Unionism and democracy are closely related. There
are no unions in totalitarian states. In America we
have political democracy, but democracy has not come
to industry. We face the possibility of an economic
dictatorship within a political democracy. The own
ers of American shops, mills and factories have not
brought the principles of democracy into industry and
have not shown a social responsibility for the power
placed in their hands. Otherwise, how do you account
for the long list of federal and state legislative acts to
bring the owners to some passable sense of social ac
countability? Beckground-in-Brlef
Workers were slaves; men owned the bodies of
other men. Then, workers were serfs; men were at
tached to the land of a feudal prince. Then, workers
were "freedmen"; men were free to own land of their
own or enter into contracts for wages. For a time
skilled workers controlled tools and raw materials in
"guild" associations. Progressively, however, tools and
raw materials passed into the hands of owners. Owners
entered into "combines"; gigantic corporations grew
which gained strong legal support in the courts. To
day, mass production is a fact. The frontier, the free
lands are gone. Workers have no other future before
them other than to be somebody's employee. Our Jobs,
In a democracy, is to keep the employee a free man,
and not allow him to become helplessly attached to a
mass production industry where he cringes in fear or
bows weakly in disgusting gratitude for the chance to
work.
In England
The first laws In Britain were to suppress, not pro
tect, workers. All forms of trade unionism were made
illegal by the Combination Acts of 1800. These law
established a definite bias toward workers which has
been extremely difficult to eradicate. THERE BE
CAME FIXED IN THE MIND OF THE PEOPLE THE
ASSUMPTION THAT THE ORGANIZATION OF
WORKERS IS A MENACE. THIS ASSUMPTION PER
SISTS TO THIS DAY. ' ALL EARLY LEGAL DECI
SIONS in America grew out of the preconception that
labor unions were undesirable. In recent years legis
lation has been predicated upon the recognition of the
social desirability of labor unionism. THE COURTS
IN THE UNITED STATES HAVE REVERSED AND
ABANDONED FORMER ATTITUDES. TOO OFTEN,
EMPLOYERS AND EMPLOYEES ARE STILL THINK
ING IN THE OLD TERMS.
Born of Need
Collective bargaining is a necessity. It was born
of need. It did not come with the New Deal, alone.
There has been a long standing problem in American
industry and the right to bargain collectively came to
the American worker out of a long struggle.
The doctrine of conspiracy. The first legal steps
in the U. S. followed the line of suppression In Britain.
It was a crime for two or more workers to combine for
the purpose of changing wages and working conditions.
1842. The right of workers to associate for eco
nomic action wat recognized in the case of Common
wealth vs. Hunt. However, there was no decision of
the court to order employers to refrain from interfer
ing with that right.
Anti-union tactics. Owners began at once to resist
unionization, sought relief in the courts, and found it.
Trade unionism became a permanent factor in America
following the Civil War. The Knights of Labor en
tered into collective bargaining agreements but their
activities were ruthlessly attacked by organized busi
ness. The injunction. The first injunction against unions
in the U. S. was secured on the plea of the attorney
that the activity of a union was a "menace to society."
This occurred in 1806. It was based on the theory of
conspiracy, namely, that an Individual worker had a
right to ask for money or conditions, but the same re
quest, made jointly by two or more workers, was con
spiracy. The injunction was used with tremendous ef
fect. In the Pullman strike a late as 1898 the court
restrained workers from even discussing the strike.
Boycotts and strikes and picket lines have been en
joined by the courts as violations, as well, of the anti
trust acts. The Sherman Anti-Trust Act, aimed to
hedge in the power of corporations, was used to attack
labor organizations. Both Democratic and Republican
platforms of 1908 recognized this abuse and the Clay
ton Act was later passed to exempt labor from such
injunctions. Still the abuse of injunctions continued.
We now have the Norris-La Guardia Act which is, in
effect, "an injunction against injunctions," which ef
fectively curbs the use of the injunction against labor.
Sometimes non-union minded persons cite the fact that
only a small percentage of American workers are or
ganized. The marvel is, with the weapon of injunction
against American workers, that unions grew at all.
Other tactics. Men were required to sign state
ments, as a condition of employment, that they were
not and would not become union members. This de
vice was called the "iron clad" or the "yellow dog con
tract." "Company unions," organizations dominated by
management, were created to shut out legitimate labor
organizations. "Citizens Leagues," volunteer associa
tions of business and professional people to resist to
called "radicalism," were formed. "Black lists," lists of
the names of union-minded workers, were circulated
grew out of the prejudice of the employers that unions
were a menace, which prejudice was upheld by the
courts.
A Chang In Attitude '
Mean and Ends. Gradually ,the court introduced
a new doctrine a a substitute for th,e doctrine of con-'
spiracy. It became recognized that the objective to
change wages and condition is acceptable, provided
that the means are also legal. Picketing must be peace
ful. The trike must not be. violent. .
The minority in two important cases before the ,
Supreme Court stated that there was nothing in the .
Constitution to prevent the government from protecting
the right of workers to organized The majority deci- .
slons were unfavorable . to labor, . but a new line of
thinking started. This happened in 1908 and again in
1915.
Before tb War
The courts under the insistence of organized busi-
ness were anti-labor in their, thinking: "Investigating 1
Commissions" to study labor problem "date back tO'
1876. There were other commissions up to the Pull-
man Strike when a commission Condemned the yellow
dog contract and urged employers to recognize unions.-
President Theodore Roosevelt's' Coal Strike Commit-
sion reported the cause of the strike was "the desire
for recognition" of. the union. Under an Act passed
under the Taft administration an Industrial Relations
Commission stated the need for collective bargaining
was recognized on the ground of inequality between
the individual worker and hi employer and atated that
labor unrest was due directly to efforts of employer
to defeat the organisation of worker. These many
commissions were appointed . by different administra
tions, over a period of time and were made up of dif
ferent persons. Their general conclusions justified col
lective bargaining and encouraged strong unionism at '
a matter of governmental policy.
This change in attitude was reflected in the opin- ,
Ion of Chief Justice Taft: "A tingle employe (in the
Tri-City caae) wa helpless in dealing with aa em
ployer. He was dependent ordinarily on his daily wag .
for the maintenance of himself and his family. II the
employer refused to pay him the wages be thought
fair, he was nevertheless unable to leave the employ .
and to resist arbitrary and unfair treatment. Union ;
wa essential to give laborer opportunity to deal ea
equality with their employer."
During the War "
The first statement of the War Labor Board, based -upon
the above cited experience, stated: "The right of
worker to organize in trad union and bargain, col-.,
lectively. through chosen representative, U recognised ;,
and affirmed. Thi right ihall not be denied, abridged,
or interfered with by the employer in any manner .
whatsoever." Over one thousand plants with about
700,000 workers were protected by thi policy during
the war with splendid results. . ,
The Railroads ......
Labor law became stabilized in the Transportation
Act of 1920 and the Railway Labor Act of 1926 and the -1934
Amendments. All of this legislation is based on.
the frank acceptance, of the principle of collective bar
gaining. Representatives of the public, labor and in
dustry have shared in building this experience. Col- -lective
bargaining is protected by making it mandatory .
upon the employer to bargain With representatives of - ;
workers, by outlawing company dominated unions, and
by extending and enhancing the Use of agreements.
Organized Business ,
In spite of the trend of the public mind and in .
spite of the war experience American employers still .
resisted organization and came forward with. th. .
"American Plan" or the so-called -'.'Open Shop." It wat
pointed out to employer mat In order to keep out
siders away and frustrate, the organization of worker '
each employer should insist upon, '.'dealing with em-. ;
ployees as individuals", and decline to "deal' with '
them through the medium of any organization." Bulla-,
tins containing such information were circulated by '
employers associations.
N. H. A. .
When depression and collapse faced American Ins
dustry this long standir.; issue of collective bargaining
found its way into the N. R. A. Every code of falr
competition contained this statement: Employee shall,
have the right to organise and bargain collectively
through representatives of their own choosing, and -'
hall be free from the interference, restraint, or co
erclon of employer of labor, or their agents, in tha
designation of such representatives or in self-organlia- '
tlon or in othr concerted activities for th purpose
of collective bargaining or other mutual aid or protec
tion." Th Wagner Act
When the National Labor Relation! Act (Wagner
Act of 1935) was signed, -it was accompanied with a
statement that read in part: "This act defines, AS A
PART OF OUR SUBSTANTIVE LAW, the right of
self-organization of employees' in industry for the pur
pose of collective bargaining, and provides methods by
which the Government can safeguard that legal right.' .-.
This Act states in-, positive; fashion the growing
conviction, expressed by labor and shared by govern
ment, that there is a fundamental INEQUALITY of .
bargaining power .in making a wage contract between
INDIVIDUAL workers and their employers. It itressea .
the fact that collective bargaining? is an imperative need
growing out of modern .condition of employment. It
challenges workers and employers to move forward to
a better way of doing things in the Interest of our fun
damental democracy. HERE IS A NEW PUBLIC POLI
CY WHICH STATES THAT COLLECTIVE BARGAIN
ING IS NOT ONLY REASONABLE AND FAIR. BUT,
BY IMPLICATION AN INDISPENSIBLE NECESSITY ,
FOR PUBLIC WELFARE. . .'"' 1 ' '
Section One of the Act reads: U hereby de-.
clared to be THE POLICY OF THE UNITED STATES .
to eliminate the causes of certain substantial obttruc
Hon to the free flow of commerce and to mitigate and
eliminate the obstruction when thy have occurred
by ENCOURAGING THE PRACTICE AND PROCED
URE OF COLLECTIVE BARGAINING AND BY PRO
TECTING THE EXERCISE BY WORKERS OT FULL'
FREEDOM OF ASSOCIATION ". '
"If you want to have autocratic rule at you do In
Germany, Italy and Russia, keep on fighting union
keep on with the policy of trying to avoid entering into
collective bargaining agreements!" ORDWAY TEAD,
Columbia Univ. , ," '
"If we look abroad, we find that the suppression of
the rights which the Labor' Act seeks to preserve and de
fend was almost inevitably the first ttep of those die- '
tators who have supplanted democracy with the to- ;
talitarian states." SENATOR ROBERT F,- WAGNER. ;
The policy of the Labor Board, which administer '
the Wagner Act may, and probably will, be amended
from time to time, But the principle of collective bar- .
gaining embedded within the Act Itself will not ba
changed. The Act has been upheld by the Supreme..
Court of the United States. It is here to ttay.
For further information! ;M.-'T.: Pavolka or Joe
Boyd, Cascade Hotel, Klamath , Falls' or office Klamath
Basin District Council, 7th and Maim' " ' "
among employers. All of these devices to crush labor
THE NEXT STEP IN AMERICAN INDUSTRY IS COLLECTIVE BARGAINING
"W atL.aaftfa wie)wiiitMjstw.; I jit