Excerpt from Survey Graphic, Vol. 24: January 1935 December 1935

Labor Disputes bill. That bill, which was introduced last winter but never came to a final vote, provided in substance for a board with power to subpoena witnesses and records, and to make orders which would be enforceable (and also reviewable) by a direct and summary proceeding in the Cir cuit Court of Appeals. In that proceeding the findings of the board would be conclusive if supported by the evidence taken before the board, which would simply be filed with and act ed upon by the Court. The witnesses would not be required to appear and testify all over again. This procedure was modelled on that of the Federal Trade Commission, which has proved on the whole to be swift, effective and just.

The existing system is unsatisfactory in another and very fundamental respect. In view of the difficulties in pro curing enforcement through court proceedings under the present cumbersome set-up, the main reliance for enforce ment has to be placed on the removal of the Blue Eagle. I have said that in many cases the removal counts for noth ing; but in many others the mere threat of its removal is overwhelming. An employer who has forfeited his right to a Blue Eagle cannot participate in government contracts or furnish supplies or materials for use by others on govern ment work. Therefore, employers dependent on this sort of work, if they are found to have violated Section 7-a, are virtually at the mercy of the nlr Board, while others who have nothing to lose may snap their fingers at the Board with only the risk of a distant court proceeding which may never be brought. This is not even-handed justice.

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