Imperial Valley Press

The decision of Federal Judge Fred L. Wham of East St. Louis, ordering Progressive Mine Workers of America to pay $117,000 in damages resulting from a lengthy strike, has brought to a new crescendo the long and bitter argument over responsibility of labor unions.

The final outcome of the case, which presumably will be carried to the highest court in the land, is one which will affect the entire future of employer-employee relations in America.

Judge Wham's ruling, holding that unions and their members are responsible under the law for damages inflicted as a result of unlawful conduct or conspiracy to injure an employer's property or business, may eventually prove to be a turning point in the controversy over whether labor unions should be incorporated or otherwise made legally responsible for their actions.

The bitter argument over incorporation of unions goes back to around 1880 when, strangely enough it was organized labor which was demanding the right to take advantage of the incorporation laws in order to remove the aura of illegality which surrounded unions at the time.

In 1886, Congress passed a law permitting unions to incorporate but by the time labor leaders had had a change of heart and few unions took advantage of the opportunity. As the years passed, labor sentiment against incorporation became more pronounced leaders realizing that action would make unions subject to many restraints and responsibilities which do not affect voluntary associations.

Since that time there have been a few court decisions on the issue, but never a controlling and all-inclusive ruling on the legal status of unincorporated unions.

Briefly, the stands of employers and workers on the question are these:

Employers contend that the present situation is unfair because they, as individuals or corporations, are responsible for their acts, while unions are not They contend that employers should receive assurance under the law that, once a contract is signed there will be no strikes or other disturbances so long as employers discharge their obligations.

Labor contends that unions are not irresponsible, do not violate contracts, and need not be incorporated to assure responsibility.

Without discussing the merits of Judge Wham's decision, it undoubtedly will serve, in the long run, to clear up one of the most puzzling aspects of employer-employee relations-whether organized labor is liable for damages for civil offenses,

It will not settle, however, the question of whether unions should be made legally liable for damages resulting from failure to fulfill contracts, as no question of agreement violation was involved in the Illinois case.

This, and many other aspects of the organized labor problem, will be solved only when Congress and the administration buckle down to the task of formulating a definite labor policy.