Word: weirton
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Dates: during 1930-1939
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Judge Nields had to do some heavy reading. Last June Steelmaster Ernest Tener Weir installed a company union, modeled on that of Bethlehem Steel, in the plants of his Weirton Steel Co. at Steubenville, Ohio, Clarksburg, and Weirton, W. Va. Last September the Amalgamated Iron, Steel & Tin Workers (A. F. of L. affiliate) called a strike in his plants and demanded recognition from Weirton Steel. The strike was settled when the National Labor Board got Steelmaster Weir to agree that the National Labor Board should supervise a union election in his plants in December (TIME, Dec. 25). Less than...
Judge Nields had to read a long Government brief arguing that by reason of these events Weirton Steel had violated Section 7 (a) of the Recovery Act relative to collective bargaining and should therefore be enjoined to let the Labor Board hold a new election. He also had to read a long brief arguing that Weirton Steel had not only obeyed the Recovery Act, but that the act itself was unconstitutional. After that chore he had to read 234 affidavits offered by the Government as evidence that Weirton Steel had bludgeoned its employes into a company union, had even taken...
...affidavits were contradictory in matters of fact; 2) the briefs brought into dispute grave questions of law; 3) since the Norris-LaGuardia act prohibited the issuance of injunctions in labor disputes without the appearance of witnesses in open court, the Government could not have the injunction it sought against Weirton Steel. Declared Judge Nields: "The case illustrates perfectly the propriety of the procedure prescribed by Congress. . . . Not only is there a conflict of material facts but there are serious and intricate questions of law involved, particularly the question as to the constitutionality of the National Industrial Recovery Act. Issues...
...Norris-LaGuardia act, passed in 1932 by Labor's friends in Congress, was primarily designed to prevent employers from obtaining injunctions against strikers on flimsy one-sided evidence. The Weirton case was the first famed use of the new law which, according to Judge Nields, could be worked backward against Labor just as well as forward against employers. Not since the courts turned the original meaning of the Clayton Act inside out had Labor suffered such a judicial reverse...
...labor, they said, he would not waste time with tedious court procedure but would invoke his drastic licensing power under NIRA. After last week's decision these same union leaders were able to say "I-told-you-so" to the President. A hearing for a permanent injunction against Weirton Steel with witnesses on the stand for both sides cannot now be obtained until the autumn term of the Wilmington court. Even then any decision will be appealed next winter to the U. S. Supreme Court. And before that august tribunal can make up its collective mind, it is likely...