such activities from the State court.25 In granting the injunction the court ruled that mass picketing engendering violence authorizes the court, despite the New Jersey Anti-Injunction Act of 1941, to exercise its inherent equity power to give protection to the right to work which is a property right. The assertion that the union seeking such protection was responsible for starting the dispute and, hence, by its own conduct induced the retaliatory action of which it complained, did not preclude the union from securing the protection for which it asked.

Ohio-Picketing a Residence Not Protected as Free Speech. A State court 26 has again held that picketing unaccompanied by physical violence is not absolutely protected by the constitutional right - of free speech. The employers sought to enjoin their striking employees from picketing the homes and residences of nonstriking employees, and the injunction was granted. The facts indicated that the pickets walked in front of the nonstrikers' homes, carrying placards referring to the nonstrikers as "scabs" and accusing some of them of having crossed the picket line. The picketing, it was found, conveyed no information about the strike or the labor dispute out of which the strike arose, but was intended to intimidate and coerce the nonstrikers into joining the strikers. What the United States Supreme Court had protected as an expression of free speech in the Thornhill case, the court declared, was picketing for the "dissemination of information surrounding the facts of a labor dispute." The language of the Supreme Court in the Wohl case 28 was quoted with approval: "A State is not required to tolerate in all places and under all circumstances even peaceful picketing by an individual.”

But the Ohio court went further. It declared that, even if the purpose of the picketing had been to disseminate information surrounding the facts of a labor dispute, the picketing of private residences should, nevertheless, be restrained, because the allowable area of economic conflict should not be extended to invading the privacy of the home.

» Hansen v. Local No. 573 of Perth Amboy (N. J. Chancery Ct., Oct. 30, 1947).

"Pipe Machinery Co. v. DeMore (Ohio Ct. of App. (8th Dist.), Oct. 27, 1947).

# Thornhill v. Alabama, 310 U. S. 88.

■ Bakery & Pastry Drivers v. Wohl, 315 U. S. 769.

Pennsylvania - Non-Communist Affidavit and Strike. A union whose members are employed as operators in wire and radio communication refused to submit the non-Communist affidavits required under the Taft-Hartley Act. As a result it was denied certification as bargaining representative by the National Labor Relations Board. Upon refusal of the employer (a local broadcasting company) to bargain with the union, a strike was called which the court enjoined. In sustaining the injunction, a lower Pennsylvania court held 30 (1) that a strike by a union refusing to submit nonCommunist affidavits to the National Labor Relations Board was unlawful; and (2) that a strike accompanied by secondary picketing, stranger picketing, and residential picketing as well as false placards, constituted an unfair labor practice under the State Labor Relations Act and was therefore not protected by the State Anti-Injunction Act.

31

Texas-Picketing and Free Speech. A Texas court recently sustained the issuance of a temporary injunction 3 prohibiting a union from engaging in peaceful picketing to force the employer to enter into a collective agreement with the union. Prior to the picketing, the employer had entered into a bargaining agreement with another labor organization which, though not a certified representative, nevertheless represented the large majority of his employees. The picketing, the court found, resulted in substantial losses in receipts and earnings by both the employer and his employees. The court reasoned that the employees had acquired a property right as a result of the contract between their chosen union and their employer and that this right was constitutionally protected from interference; and that the employer could not lawfully be compelled to break a contract which he had with some third party. Therefore, the court held, the granting of a temporary injunction to protect these rights, pending a determination of the issue on its merits did not violate the constitutional rights of the pickets to free speech.

30 Scranton Broadcasters v. American Communications Association (Pa., Ct. of Com. Pleas., Lackawanna County, Nov. 12, 1947).

11 International Association of Machinists v. Downtown Employees Associa tion (Texas Ct. of Civ. App. (1st Sup. Jud. Dist.), July 31, 1947).

THE NATIONAL LABOR RELATIONS BOARD, in the case of Northern Virginia Broadcasters, Inc., and both the International Brotherhood of Electrical Workers (AFL) and its local No. 1215, overruled the interpretation of its General Council regarding the application of the registration and non-Communist affidavit requirements under the Labor Management Relations Act of 1947 (see Chron. item for Sept. 19, 1947, MLR, Nov. 1947, and discussion on p. 565 of same issue). The ruling, signed by a majority of the Board, states that the registration and non-Communist requirements of the law are met when the local union involved and the national body to which it is directly affiliated have signed, whether or not the toplevel parent body (e. g. AFL or CIO) has met such requirements. (Source: NLRB release R-7, Oct. 7, 1947.)

October 10

THE SECRETARY OF LABOR issued General Order No. 33 whereby an Office of International Labor Affairs was created within his office. This action was taken "in order to promote economy within the Department and to insure the effective operation of the Department's international activities." (Source: U. S. Dept. of Labor release, Oct. 10, 1947.)

October 13

THE NINTH CONSTITUTIONAL CONVENTION of the Congress of Industrial Organizations opened at Boston. (Source: CIO News, Oct. 20, 1947, and daily press; for discussion, see MLR, Nov. 1947, p. 531.)

1 The following chronology of labor events covers two and a half months instead of the calendar quarter, as was formerly the practice. By ending the reporting with mid-December instead of the end of the month, it was possible to publish the chronology in the January issue of the Monthly Labor Review rather than in the February issue. In future, the report is to be a monthly feature of the Review and will, of course, start with the middle of the month.

October 14

THE PRESIDENT, by Executive Order No. 9898, suspende the 8-hour law as it applies to laborers and mechanic employed by the Departments of the Army and the Ai Force on certain public works. The suspension orde supersedes Executive Order No. 9290 of December 28 1942 (see Chron. item for Dec. 28, 1942, MLR, Feb. 1943 and discussion on p. 257 of same issue) and is to remai in effect until July 1, 1948. (Source: Federal Register Vol. 12, p. 6781.)

October 18

AFTER AN 18-DAY STOPPAGE, the pilots and co-pilots repre sented by the International Air Line Pilots Association (AFL) resumed operations on the American Overseas Airlines.

On October 20, an agreement was reached whereby second pilots were granted minimum pay of $350 a month and Constellation captains with 8 years' service and flying the scheduled maximum 85 hours a month about $1,300. The agreement climaxed nearly 2 years of negotiation. (Source: BLS records; for discussion, see MLR, Nov. 1947, p. 566.)

October 26

THE GENERAL ELECTRIC Co. announced the abolition of the profit-sharing plan introduced in 1934 (for discussion, see MLR, May 1938, p. 1177) for its production workers because it "no longer served its purpose."

On October 27, the announcement was made that the management would voluntarily establish a pension plan whereby the profit-sharing plan would be "far more than compensated for from the standpoint of regularity and total returns." (Source: Daily press.)

October 28

THE NLRB ANNOUNCED the issuance of its first unfair labor practice decisions in two cases which were pending decision on August 22, the date when amendments to the National Labor Relations Act became effective (see Chron. item for Aug. 22, 1947, MLR, Nov. 1947). The NLRB ruled (1) that such amendments did not impair the Board's power to adjudicate unfair labor practices awaiting decision on August 22, and (2) that in such pending cases where the complaint was issued prior to that date the Board has the power to remedy any unfair labor practices whether or not the charging union has complied with the registration and affidavit requirements of the Labor Management Relations Act of 1947. The cases were (1) Marshall and Bruce Co. v. Nashville Bindery Workers Union No. 838, International Brotherhood of Bookbinders (AFL) and (2) Pioneer Electric Co. v. United Steelworkers of America, Stove Division, Local No. 1981 (CIO).

October 29

THE PRESIDENT'S COMMITTEE ON CIVIL RIGHTS, in accordance with instructions in Executive Order No. 9808 (see Chron. item for Dec. 5, 1946, MLR, Feb. 1947) submitted its report to the President. The Committee stated that "The National Government of the United States must take the lead in safeguarding the civil rights of all Americans." Recommended action included "The enactment of a Federal Fair Employment Practice Act prohibiting all forms of discrimination in private employment, based on race, color, creed, or national origin." (Source: To Secure These Rights: The Report of the President's Committee on Civil Rights, Washington, 1947, and White House release, Oct. 29, 1947.)

THE NATIONAL LABOR RELATIONS BOARD ruled unanimously in the Kinsman Transit Co. case that a union which is not in compliance with the registration and nonCommunist affidavit requirements of the Labor Management Relations Act of 1947 (see Chron. item for Oct. 7, 1947, this issue) cannot appear on the ballot in an election sought by a complying union. Thus, the Lake Sailors' Union (independent) was only permitted to vote for or against representation by the Seafarers International Union of North America, Great Lakes District (AFL) which was in compliance with the filing requirements. The inclusion of the Lake Sailors' Union name on the ballot was stated to be contingent on compliance with its registration and nonCommunist affidavit requirement before November 1, 1947 (see Chron. item for Sept. 19, 1947, MLR, Nov. 1947). (Source: NLRB release R-11, Oct. 29, 1947.)

October 30

THE PREPARATORY COMMITTEE of the United Nations Conference on Trade and Employment meeting in Geneva achieved its second objective (for first, see Chron. item for Aug. 22, 1947, MLR, Nov. 1947) when 23 nations signed trade agreements for the downward revisions of tariffs. Six countries-Belgium, Canada, Luxembourg, the Netherlands, the United Kingdom, and the United States-also signed a protocol to make the action effective on January 1, 1947. (Source: White House release, Oct. 29, 1947, and daily press.)

November 9

THE UNITED STATES CIVIL SERVICE COMMISSION made public the names of the 20 members of the Loyalty Review Board provided for by Executive Order No. 9835 (see Chron. item for Mar. 21, 1947, MLR, May 1947) prescribing procedures for the administration of a Federal employees loyalty program. (Source: U. S. Civil Service Commission release, Nov. 7, 1947.)

THE ELEVENTH CONSTITUTIONAL CONVENTION of the United Automobile Workers (CIO) convened at Atlantic City. (Source: CIO News, Nov. 17, 1947, and daily press; for discussion, see MLR, Nov. 1947, p. 525.) 771086 48

November 13

THE PRESIDENT, by Executive Order No. 9905, designated six Cabinet officers to be members of the National Security Resources Board provided for under the terms of the National Security Act of July 26, 1947. The Boardconsisting of the Secretary of the Treasury, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor-among other things is to be responsible for the preparation and accumulation of factual data necessary to the formulation of plans, policies, and programs concerning the coordination of military, industrial, and civilian mobilization, for submission to the President. (Source: White House release, Nov. 13, 1947, and Federal Register, Vol. 12, p. 7613.)

THE 20-WEEK STRIKE of the Industrial Union of Marine and Shipbuilding Workers of America (CIO) against the Federal Shipbuilding and Drydock Co. (U. S. Steel Corp. subsidiary) ended with an agreement providing for a wage increase of 12 cents an hour, thereby ending the Nationwide shipyard strike which started in June and involved 74,000 to 75,000 workers at its height. (Source: CIO News, July 28, p. 6, and Nov. 24, 1947, p. 7, and BLS records.)

On June 26, the strike had started, when more than 40,000 members of the Industrial Union of Marine and Shipbuilding Workers of America (CIO) stopped work in 10 East Coast shipyards. (Source: CIO News, June 30, 1947, p. 8.)

On July 7, some 67,000 workers on three coasts, were reported idle as workers in additional yards joined the walk-out. The Todd Shipyards Corp. continued negotiations with its employees who had extended their contract to July 23.

On July 28, an agreement was reached between the Todd Shipyards Corp. and their employees, who had suspended operations for a few days. An increase in wages of 12 cents an hour and improvements in vacation provisions and working conditions were authorized. (Source: Daily press; for discussion, see MLR, Aug. 1947, p. 204.)

On November 8, the 136-day strike ended which had involved about 30,000 workers employed at shipyards of the Bethlehem Steel Co. (see MLR, Dec. 1947, p. 636.) The settlement also provided for an hourly wage increase of 12 cents. (Source: CIO News, Nov. 17, 1947, p. 2 and daily press.)

November 14

TWO OF THE "operating" railroad unions-the Brotherhood of Railroad Trainmen (independent) and the Order of Railway Conductors of America (independent)-and management announced a wage increase of 15% cents an hour, retroactive to November 1. The increase is the same as that granted to "nonoperating" unions (see Chron. item for Aug. 4, 1947, MLR, Nov. 1947). Four changes were also made in rules covering the two operating unions. (Source: Labor, Nov. 22, 1947, p. 1.)

On September 30, the five "operating" railroad brotherhoods had served notice on the individual railroads demanding a 30-percent wage increase for over 350,000 employees, to become effective on November 1, 1947. (Source: Labor, Oct. 4, 1947, p. 1.)

November 17

THE PRESIDENT addressed the Congress, stating that it had been convened to consider two major problems. He said: "The future of the free nations hangs in the balance. The future of our own economy is in jeopardy." The President recommended emergency aid to Europe and domestic anti-inflation measures. He added, "I shall shortly submit to the Congress my recommendations concerning the long-range European recovery program.' (Source: Congressional Record, Nov. 17, 1947, p. 10704; for discussion, see p. 40, this issue.)

On June 5, Secretary of State Marshall had outlined the basis for the economic recovery of Europe in an address delivered at Harvard University.

On September 22, Volume 1, General Report of the Committee of European Economic Cooperation signed by the 16 nations participating in the European conference was presented to the United States.

On October 19, Secretary of the Interior Krug, chairman of the President's Government Committee on Resources, released the official summary of the report on National Resources and Foreign Aid. The report concluded "that on the whole our national resources, if intelligently utilized, are physically sufficient to support a considerable foreign aid program, while preserving the national security and the American standard of living."

On October 28, the Council of Economic Advisers reported to the President on the Impact of the Foreign Aid Program Upon the Domestic Economy. The report concluded "that there is no question of our general financial capacity to support such a program."

On November 7, the Select Committee on Foreign Aid (established by a resolution introduced by Congressman Herter) released the agreed points on principles of foreign aid.

On November 8, Secretary of Commerce Harriman, chairman of the President's Committee on Foreign Aid, released the official summary of European Recovery and

American Aid. In the report, aid is viewed "as a spark which can fire the engine." (Sources: 80th Cong. 1st. Sess., European Recovery Program, Nov. 10, 1947, and White House release, Oct. 31, 1947.)

THE UNITED STATES SUPREME COURT in the case of Vail Manufacturing Co. v. National Labor Relations Board denied a rehearing of the NLRB ruling whereby the company was required to reinstate two foremen. This action was taken despite the fact that the Labor Management Relations Act of 1947 does not include foremen among the "employees" covered by the terms of the law (see Chron. item for Sept. 4, 1947, MLR, Nov. 1947). (Source: U. S. Law Week, 16 LW, p. 3162 and daily press.)

December 9

THE SECRETARY OF LABOR convened the fourteenth national conference on labor legislation in Washington, D. C. Forty-three States, the District of Columbia, Hawaii, and Puerto Rico were represented. (Source: Daily press; for discussion, see p. 28 of this issue.)

December 12

THE EXECUTIVE BOARD of the United Mine Workers of America voted to discontinue affiliation of the union with the American Federation of Labor. The UMWA had reaffiliated with the AFL on January 24, 1946 (see Chron. item for Jan. 24, 1946, MLR, May 1946) after having been outside that organization for over 9 years. (Source: Daily Press; for discussion, see p. 1 of this issue.)

December 15

THE UNITED STATES SUPREME COURT, in the case of 22 Negro locomotive firemen regarding the agreement between the Brotherhood of Locomotive Firemen and Enginemen (independent) and 13 Southeastern railroads, denied a rehearing of the decision by the United States Circuit Court of Baltimore whereby it was held that a railroad union that does not admit Negroes to membership must nevertheless protect from racial discrimination all workers affected by its contracts. (Source: Daily press.)

Publications of Labor Interest

Special Review

Labor Relations and Human Relations. By Benjamin M. Selekman. New York, McGraw-Hill Book Co., Inc., 1947. 255 pp. $3.

This book is the product of long years of practical experience by the author in applying the "clinical method" of analyzing the human element in industrial relations, as impartial arbitrator in a number of important industries and as professor of industrial relations in the Graduate School of Business Administration of Harvard University. Although of comparatively recent origin and suffering badly from lack of experience by labor and management, collective bargaining is nevertheless regarded by Professor Selekman as a firmly established institution thoroughly integrated in the American industrial scene. Further

more, he accepts labor's pressure for better working conditions and a higher standard of living as a normal manifestation of the American way of life, even if the pressure takes such explosive forms as industry-wide strikes, interunion rivalries, and continuous organizing campaigns, as witnessed in the year since VJ-day. "Against the programs of Communist Russia or even of west-European socialism, the pressure of unions in the United States for progressive improvement in the status of the 'common man' still fits squarely within the traditional American creed."

The book is divided into three sections. The first section describes and analyzes human behavior and emotional reactions among the workers, and in management when a union first enters the plant to organize the workers and later attempts peacefully or otherwise to induce management to sign the first collective-bargaining contract. The second section deals with changes in the types of human relations required to carry out the provisions of the contract on a daily give-and-take basis, including their interpretation, and the handling of the large number of grievances which arise daily in the course of plant operation. The third section describes kinds and types of leaders needed for successful human relations in the industrial field and methods of training for such leadership. Separate chapters, entitled (1) Wanted: Mature Managers EDITOR'S NOTE.-Correspondence regarding the publications to which reference is made in this list should be addressed to the respective publishing agencies mentioned. Where data on prices were readily available, they have been shown with the title entries.

stantial detail the "emotional maturity" needed by all representatives of management, from the bench foreman to the top executive, and by all representatives of labor, from the shop committeeman to the union president.

Many labor and industrial leaders come close to fulfilling the criteria set up by Professor Selekman. Others will no doubt follow suit and, as a result, cooperation rather than conflict may in time become the outstanding and predominant characteristic pattern of industrial relations in the United States.

Cooperative Movement

The Cooperative Challenge. By Bertram B. Fowler. Boston, Little, Brown & Co., 1947. 265 pp. $2.75. Describes various aspects of the cooperative movement— cooperative discussion groups, development of petroleum cooperatives from a single local association in 1921 to an international trading association in 1946, electricity cooperatives, farmers and organized labor in the cooperative movement, cooperative medical care, cooperative burial associations, etc. The last chapter is a friendly but critical analysis of the whole consumers' cooperative movement in the United States, showing its faults and weaknesses.

Report on Cooperatives by the Joint State Government Commission to the General Assembly of the Commonwealth of Pennsylvania. Harrisburg, 1947. 124 pp. Gives data on the growth of cooperatives in Pennsylvania and in the United States, and on taxation of cooperatives by the Federal Government and by the governments of Pennsylvania and other States. Concludes that no broad tax exemption has been granted in Pennsylvania. No recommendations are made.

The Taxation of Farmers' Cooperative Associations. Washington, U. S. Treasury Department, Division of Tax Research, 1947. 60 pp.; processed.

Presents statistics showing the extent of development of farmers' cooperative marketing and purchasing associations, explains their present status as regards the Federal income tax and its (negligible) effect on their competitive position, and discusses the various tax-base changes that have been suggested. Makes no recommendations as to policy.

Noticia do Cooperativismo Brasileiro. By Valdiki Moura. Washington, Pan American Union, Division of Labor and Social Information, 1947. 47 pp., illus.; processed. In Portuguese. 50 cents. Includes detailed statistics for the various types of cooperatives in individual Provinces of Brazil. Cooperative Sweden. Edited by Anders Hedberg.

Stock

holm, [Kooperativa Förbundet?], 1947. 30 pp., charts, illus.

Shows by means of pictures, with brief descriptive captions, the various activities of the Swedish cooperative wholesale, Kooperativa Förbundet, and its member associations.