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3 Lab. Rel. Law. Letter [i] (1970)

handle is hein.journals/laboemplo3 and id is 1 raw text is: 

the Labor Relaflons Law Lelier

Section of Labor Relations Law oi tihe Americn Dar Association
                                                                          1155 E. 60th St., Chicago, Illinois 60637


At its mid-year meeting in Atlanta on February 23 and 24,
1970, the House of Delegates of the Association, having before
it a Final Report and recommendations of the ABA Special
Committee on National Strikes in the Transportation Indus-
tries, adopted the following resolution which will be of great
interest to members of the Section:
  As to recommendation number 2 above the Board of
Governors agreed to defer action on this and to recommend
instead the following:
  The Board recommends that action be deferred until the
  1970 Annual Meeting to permit study and consultation
  between the Committees on Commerce and National Strikes
  in the Transportation Industries and the Section of Labor
  Relations Law, and that they be directed to report to the
  Board in May, 1970, on the nature and extent of consulta-
  The House of Delegates adopted this recommendation of the
Board of Governors.
  In this connection it was agreed that the Chairman and
Chairman Elect of our Section will designate a liaison
committee of four to six people who will meet with the ABA's
Committee on National Strikes in the Transportation Indus-
tries prior to May 1970 to assure that the views of our Section
are reflected in the report to be made to the Board of
Governors at its May meeting.
                         No. 1.
Be It Resolved, .that the American Bar Association urges the
enactment by Congress of legislation that would amend the
Federal Labor Laws in order to provide new and additional
post-impasse procedures that would apply to railroads, airlines,
the maritime industry, and the motor carrier industry.
A. The Congress should enact immediate legislation within
   the following framework.
I. The statute should find and declare that
   (a) in our society the primary responsibility for improving
       the machinery of collective bargaining and also for
       arranging methods of assuring the settlement of labor
       disputes without strikes or lockouts causing irreparable
       public injury, rests upon the industries and unions
       most immediately concerned;
   (b) under existing labor laws, collective bargaining in
       several important instances is not adequately safe-
       guarding the public against severe impact from strikes
       or lockouts in the railroad, airline and maritime
       (including both offshore and longshore), and motor
       carrier industries without extraordinary and ad hoc
       intervention by Government;
   (c) new standing safeguards are urgently required;

    (d) although Government may be compelled to impose
       methods of settlement, that step should not be taken
       until each industry has been afforded an opportunity
       to establish voluntary safeguards with such public
       assistance as it may require.
 2. The President should appoint, after consultation with the
    representatives of management and labor, a tripartite
    commission for each industry. Such commission shall
    consist of not less than two nor more than five representa-
    tives of management and labor, respectively, who shall be
    empowered to vote on a final report and recommendation;
    and not more than three non-voting public members, one
    of whom shall be the Chairman.
    The Committee shall be charged with
    (a) developing for the industry an agreed plan for elimina-
       ting or minimizing the danger of strikes or lockouts
       which impair the national security or threaten serious
                                     (continued on page 2)


 Section Chairman Harry Benjamin has drawn tentative plans
 for our Section meeting in St. Louis on August 10 and 11,
 which promises to be a very valuable, interesting and
 informative meeting.
 The theme of the St. Louis meeting will be A Look
 Ahead-Accent on the Seventies. Among the features
 currently planned for the meeting are the following:
    1) A review of U.S. Supreme Court decisions in the labor
       law area during the past year by Section Secretary
       Professor Theodore St. Antoine.
    2) A keynote speech by a prominent labor official of the
    3) Presentations by leading representatives of the NLRB,
       EEOC and other Government agencies dealing with
       labor law problems.
    4) A panel discussion on Industrial Relations in the
       Public Sector.
    5) A prominent speaker at our Section luncheon which
       will also feature a salute to the ILO in recognition of
       its fiftieth anniversary year.
  The program obviously is in a very rough state at the present
time but we merely wanted to give members of the Section a
general preview of the program which is being planned. The
full program in all its detail will be announced in the next issue
of the Labor Law Letter.

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