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Supreme Court — Part 26
Page 81
81 / 116
0-18 (Rev. 10-24-57)
y
|
in National Affairs—— we
Mlegal-Picketing Curb Seen
as
Court Decision‘
urt Vecision:
«By DAVID LAWRENCE 59.44
’ WASHINGTON, May 27.—When a “picket” line blocks a: °
worker fram entering a factory, his right to work is interfered '
with and any one naturally assumea that state laws provide a!
edy. Yet, when the Supreme Court of the United Btates!
renders a decision to that effect, as it did this week, it becomes.
first-page news and is a matter of general’
- he reason is that the Supreme Court
im recent years, in decision after decisian,
has upheld the immunity of labor unions
frém punishment for most of the abuses
which have caused nation-wide complatnt.
Now that the court has ruled that, when «
worker—even though not s union member—
is prevented from entering the factory
where he has a job, he may recover money’
damages from the union not only for lost
pay but for any worrles caused thereby,
cases to where
many years, eh . ;
, . - "+ , Dissenting Vote Revealing ~ -.
» Lawrence » The court decided the case by a vote
ne : of 6 & 2, as one justice didn't participate.
e dissenting opinion, however, written by Chief Jus
Warren and concurred in by Justice Douglas, really contains
Most interesting revelation. The Chief Justice says that the m:
who Mate eo stom working should pot have been allowed to su
a tec an “there is & ve
geting punitive damages ac- ~~ — zeal prospect of
cumulated through successive}: 474”
actions by parties injured b
Members who have succumbed|:
to the emotion that frequently!
accompanies concerted actiyi-
it ought to have been for
“Effect on Picketing -
ere is no doubt that th
jority opinion of the
piyme Court will have a
the penduhim has swung back.in picketing .
ties during labor unrest.”
* at IW amaring that the Chier
Justice would be willing. to
deny complete rellef to an in-
Jured worker just because the
“every
ployer has always been subj
to damage suite for violation of
eny contract and will contin
utary effect on picketing as {t(
lately has been practiced in
America. Here ls how Justice}
Burton, who wrote the court's
‘opinion fry this case, describes
what unhappily bas become
Common practice in labor dis-
. “Buch pickets .
numbers, threats of bodily harm
to Russell and of damage to his
property, prevented him from
reaching the plant gates. At
jeast one striker took hold of
id
.. by force of!
is aa to bleak Tha sere} A.
make ft impossible for
others situated Tolson
enter the plant” <.° | rdna
Liability for Members’ Acte 3 imont
This is & famMar story. bi he
ppens usually sam- as
on of union leaders. But Chief Nease
Warren im't precocids
Bee with what unions must do
discipline their members and
to abolish “goon” tactics. He ig er
more concerned that the court’s ayton
decision might hurt unitong
financially—-which, of <curss,
should be « deterrent in itself,
(| “By reason ef vicarious
“‘Habliity for tte members’ fl-?
‘advised conduct on the picket
Hines, the union is te be sub-:
pdected to a series of judg-:
ments that may and probably ;
will reduce It te bankrapicy, *
“or at the vety least deprive it}
‘of the means necessary te.
~perform its role as bargain.‘
“Ing agent of thd employess i
—Fepresenta.”. -. - --
Tele, Room ._.
Holloman —.——
. Gandy
1
b7IK
“
Justice isn’t as concerned with
the plight of the entployer
against whom costly strikes are
inflicted. so
: “Right to Work” Issue ~
‘ There has been quité a con-
troversy lately about “right to
work” laws in the various states.
These would give the individual[
the right to join or not join a
union and would prevent pen-
elties being imposed against
non-union workers, Most unton|-
leaders have opposed such laws,
and certain unions today are
asking Congress to legalize a
“closed ahop” monopoly. ~ .~.
" The latest Sapreme Court de-
at aEher am th Se titue
ip erer: e Constitu-
n. But in recent years {t has Times Herald
ot even been jbccorded the Wash, News
respect of belng termed a “cl
ht” Times may be changing. Wash, Star
OLE Ny, Herald Trieste
Wash. Post and
N. Y. Journal-___.
American
N.Y. Mirror _-_
N. Y. Daily News —
~ . N. Y. Times
yn Daily Worker
“La 47 $64 - ft The Worker
2 EGORDED New Leader
NOT
TT,
—
. _ Date yee
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