In our country collective bargaining is a shining
demonstration of democracy in action - a key symbol of our free economic
life. Believing in the integrity of this process, this administration told
labor on one hand and management on the other - you settle your differences;
we will not interfere - we are taking the Federal Government out of the
collective bargaining business. It has been our stand that the influence
of the executive branch is not going to be thrown on one side or the other,
for when it is, you make a mockery of free collective bargaining, as events
in the Truman administration amply demonstrated.
Our faith in this system has been proved time
and time again. For one example, the ratio of man-days lost to man-days
worked because of strikes since 1952 is half that lost in the 7 years prior
to 1952 - a fact of tremendous meaning to labor and management alike.
The national emergency provisions of the Taft-Hartley
Act have performed creditably, but the President needs certain additional
powers to protect the American people against national emergency strikes.
Under present law, the powers of the Government
can be brought to bear only when a national emergency in fact exists. After
the 80-day injunction period has been consumed and the strike is resumed,
the President can submit a report to Congress along with his recommendations.
Thus, the final decision as to whether the Government should use its full
power to settle a dispute is placed, not on one man in the White House,
but on the people themselves through their elected representatives.
I completely agree with that principle and
would preserve it.
I am completely opposed to the proposal of
Senator Kennedy that the President be granted the power to seize a major
industry. Power of this kind should continue to reside in the people, and
should be exercised by Congress only when a crisis warrants it.
The Taft-Hartley Act does need amendment in
two respects, however.
First, the President should be given the statutory
power to convene a factfinding board when a major dispute ensues - at any
time he sees fit. This process should function as a regular part of the
mediation activities of the Federal Mediation and Conciliation Service
and outside of the emergency provisions of the Taft-Hartley Act. The factfinding
board should be empowered to call hearings, to subpoena witnesses and testimony,
and to produce a public record of the issues and the positions of both
parties. The board would not have the power to make recommendations for
settlement unless both parties specifically agreed that it should assume
such power.
The purpose of the board would be to clarify
the issues before a major dispute develops into a national emergency, for
the public is often lost in a cloud of propaganda from both sides.
Second, the law should be amended so that
a board convened under the Taft-Hartley provisions could make recommendations
before an injunction has been sought.
In the event that public pressures should
fail and an emergency occur, the present law empowers the President to
convene a fact-finding board which reports to him. But under present law,
this board cannot make recommendations.
Obviously, the board should be able to make
recommendations. It would move up the timetable, so the Government could
act before the injunctive process becomes necessary. The President would
place the recommendations before the parties, in clear view of the public,
before the 80-day injunction begins.
In his speech to the Steelworkers Union recently
Senator Kennedy suggested two ways of dealing with emergency disputes.
His first would "leave with labor and management in specific critical industries
responsibility for establishing their own settlement procedures" whenever
they cannot agree on the terms of a new contract by collective bargaining.
They would do this, presumably, in advance of the time when alternative
procedures were needed; once needed it would be too late to try them.
In effect, this proposal asks labor and management
in critical industries to agree on a procedure for a settlement if they
cannot agree on the settlement itself. This is utterly unrealistic.
Major disputes are rarely settled by resort
to a number of bargaining methods and a variety of procedures. They are
settled by economic pressure or the pressure of public opinion. Senator
Kennedy's first proposal asks labor and management to deny themselves the
means to exert pressure, on one or the other, from the outside.
No labor leader and no management representative
would agree to a settlement if he thought he had a better chance to win
his terms by going to the outside. That is the lesson of both common sense
and experience.
Senator Kennedy's second proposal - in the
event the private procedure should break down - is presented in the terms
of a question: "Why should we be armed only with the power to enjoin labor
when there is a whole arsenal of other weapons available - including mediation,
factfinding with and without public recommendations, temporary Government
operations, retroactive pay orders, and the right not to interfere at all?"
I take it Senator Kennedy's words, "temporary Government operations" are
meant to sound more palatable than plain seizure," but the meaning is the
same.
When this list first appeared on October 9,
1959, during the steel strike, in a speech Senator Kennedy prereleased
before delivery at Fayette City, Pa., that same paragraph read this way:
"These measures should include mediation, factfinding, seizure, compulsory
arbitration, injunctions with or without retroactive clauses and right
not to interfere at all." I referred to this language in my third debate
with Senator Kennedy.
Now the Senator announces he did not see his
speech until after the public had it. He said he ignored his released views;
he is not for compulsory arbitration after all. This makes it risky to
assume that the rest of what he said to the steelworkers is his own thinking,
not his advisers'.
Even so, if Senator Kennedy still wants to
seize American industry, he can't logically be against compulsory arbitration
too. His present position leaves him willing to club errant management
around but unwilling to chasten errant labor. It leaves him willing to
strike with his right hand but not with his left hand.
The President should not be given the power
to strike with either hand. Inherent in such power is the power, certain
to develop later, to destroy free collective bargaining.
What Senator Kennedy proposed boils
down to this; the President would have every power he would need to settle
major labor disputes, including a power not to act, which would intimidate
the parties into settlement because they feared what he might do if and
when he did act. My opponent might as well state the truth; as President
he would settle major labor disputes himself, holding in his hands the
power of decision. That federalistic approach fits his concepts in other
areas as well.
I reject the notion of clothing the
Presidency with such wide powers for discretionary use. Instead I believe
we should rely upon practical amendments which would do the job but avoid
the federalizing of collective bargaining, avoiding the political chicanery
that in the past brought this entire system to the brink of ruin.