Indianapolis Times, Indianapolis, Marion County, 11 July 1941 — Page 7

li OPENANI Day SATURDAY Uni9P. The FAIR

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Walter and Monroney Measures Designed to Utilize AntiTrust Act in Prosecution of Labor’s ‘Hidden Holdup Men.’

By E. A. EVANS Times Special Writer

WASHINGTON, July 11, —Two bills before Congress Boxes today are aimed at demolishing what Thurman Arnold calls “LUX” FLAKES.. 49¢c

“the union toll bridges that now victimize consumers, small y businessmen and workers alike.” One was introduced by Rep. Mike Monroney (D. Okla.), the other by Rep. Francis E. Walter (D. Pa.). Both are de-

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signed to make the Federal anti-monopoly laws a more

potent weapon against what Mr. Arnold, the assistant attorney general in charge of anti-trust-law enforcement, calls “labor’s hidden holdup men.” Each bill undertakes to -define what shall and what shall not be considered legitimate objectives of labor organizations, and to declare that unions, officers and members, shall be subject to anti-trust prosecution, either civil or criminal, if they restrain .trade in pursuit of illegitimate aims. The Clayton Act, passed in 1914, provides that unions shall not be punished under the anti-trust laws for “lawfully carrying out” their “legitimate objects.” * Labor leaders contend that this confers complete anti-trust immunity ‘on their organizations. " Mr. Arnold maintains, however, that “a few powerful, strategically placed unions” have robbed the public by imposing trade restraints for purposes which have nothing to do with such unquestionably legitimate labor objects as collective bargaining, better wages, shorter hours or improved working conditions.

Charges Conspiracies

He has charged many conspiracies by unions, acting alone or in concert with employers, to raise prices, prevent use of improved materials and methods, compel the hiring of unnecessary workers, drive independent concerns out of business and destroy other unions. “Recent U. S. Supreme Court de-

3: cisions have drastically restricted

© Mr. Arnold's efforts to prosecute unions for engaging in such conspiracies. In effect, the court has held: That an A. F. of L. union can with impunity use boycotts, strikes and other means of attempting to ruin an employer’s business because he deals, legally and in good faith, with another A. F. of L. union. That an A. F. of L. union can use similiar methods to attempt to compel an employer to violate a National Labor Relations Board order directing him to employ members of a C. 1. O. union. That the anti-trust laws do not protect a builder who is prevented by a union from using cheaper or better materials. By these desicions, the Supreme Court is widely believed to have . placed unions beyond reach of the anti-trust laws unless they are caught conspiring with employers or other outsiders. And, observers have pointed out, if labor is immune to prosecution merely because it acts alone, the full effect of a union-

» # »

Rep. Francis E. Walter

stall imposition of a speed-up system. 4. Fixing prices, allocating customers, restricting production, eliminating competing employers or monopolizing commerce. The Walter bill is much more sweeping, and it goes beyond the mere anti-trust objectives by proposing to confer upon Federal district courts jurisdiction over all threatened labor stoppages, with special emphasis on strikes in defense industries. It provides that any person who is affected, injured or threatened with injury by a strike may apply to any Federal court for relief. Pending determination of the action, a strike would be contempt of court. Strikes involving defense activities would be referred by the courts to the National Defense Mediation Board. The duty of the courts or the Mediation Board would be to determine whether the strike or threatened strike would have the effect of obstructing commerce, and if so, whether it would be for the purpose of a lawful labor objective. Persons found guilty of conspiring to restrain trade for purposes which the bill defines as unlawful labor objectives would be subject to a fine of $5000, imprisonment for one year, or both.

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Will of Congress

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Instead of making an agreement with the employer—for instance, to raise prices—the union can make a “demand” and the employer can plead that he was forced to accede it. ~~ These decisions represent what the court interprets to be the will of Congress. ‘The Monroney and Walter bills amount to proposals that Congress shall assert its own will and undo what the court has done. The Monroney bill is offered as a simple amendment to the Clayton Act, which itself was an amendment to the original Sherman antitrust law. The bill declares that it shall not be considered a legitimate labor object for a unior. to act alone or combine with others to restrain trade for the purpose of: 1. Compelling an employer to cease dealing with another union which has been designated by the NLRB, or with a union which is not company-dominated. 2. Inducing an employer to pay bribes or blackmail to union officers, agents or representatives. 3. Restricting the use of any materials, machines or equipment, unless the restriction is related to wages, hours, health, safety or working conditions, or unless it 1s merely a temporary and good-faith method of retarding technological employment during a period of orderly change or is designed to fore-

Police reported today that Max Robb. 17; South Bend, companion of a youth shot and killed after holdups at North Manchester yesterday, had confessed heading a

“Red Circle” gang at South Bend which carried out a long series of robberies. ’ The other “youth was Courtney Bowman Jr., 16, South Bend, who died of bullet wounds inflicted by Night Patrolman Jes Huffman after the pair had burglarized a North Manchester grocery and ice cream parlor. Under intensive questioning by authorities here, Robb was said to have admitted leading a gang which

Bend and one in Indianapolis, heldup a bus driver and a filling station, burglarized a South Bend home and a St. Joseph, Mich., grocery store. Police said second-degree robbery charges would be filed against Robb and that South Bend authorities

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