Unnecessary Torture

Dean Sothern Jennings, 28, son of the pastor of San Francisco's fashionable St. Luke's Episcopal Church, was No. 1 rewriteman on Hearst's Call-Bulletin. Last May that paper's chapter of the American Newspaper Guild elected him delegate to the St. Paul convention, and Newsman Jennings arranged his vacation accordingly. At the last minute the city editor, managing editor and publisher all informed Jennings he could not be spared at that time. Said Hearst's Publisher Robert Paul Holliday: "The only way you can have this vacation money is to resign." Dean Jennings took his money, departed for the convention amid such violent words with his bosses about the Guild that 36 of the 40 Guild members on the staff resigned from the chapter.

Back from the convention and out of a job, Dean Jennings complained to the San Francisco Regional Labor Board. The Call-Bulletin management, challenging the board's jurisdiction, refused to appear at the hearing. Up went the case to the National Labor Relations Board in Washington. Again Publisher Hearst, through counsel, insisted that jurisdiction belonged solely to the Newspaper Industrial Board created under the Newspaper Publishers' Code. That code permitted of no modification without the consent of the publishers who subscribed to it. For the Labor Relations Board to take over the Jennings case, it was argued, would constitute "modification" which in turn would nullify the code which in turn would justify all publishers in withdrawing as a group from NRA.

Fortnight ago Chairman Francis Biddle of the Labor Board waved aside such Hearstian arguments on jurisdiction and rendered a decision. Findings: ". . . The Call-Bulletin has interfered with the self- organization of its employes in violation of Section ya of the National Recovery Act." Rewriteman Jennings was to be offered reinstatement within ten days or the case would be referred to the Compliance Division of NRA and the Department of Justice for action against the paper.

Wild with delight over what looked like their first big victory, Guild members jubilated that night at a first birthday party at the Washington Press Club. But the fun was cut short by a bulletin: Donald Richberg, "Assistant President," had gone to the defense of Publisher Hearst, had asked the Labor Board to reopen the case. Again Chairman Biddle held court, heard what amounted to a rebuke to himself by Mr. Richberg and NRA Counsel Blackwell Smith on "respect, co-operation and support" of NRA Codes. Prime point: The order establishing the Labor Board said that it "may decline" to take jurisdiction if a code provides other means of settling a dispute. In the case of the Newspaper Code, a special Industrial Board was provided to handle such cases as that of Dean Jennings. Hence the word "may," said Mr. Richberg, actually means "shall."

Retorted Chairman Biddle: "It is un necessary to torture the meaning of plain language. The word 'may' permits but does not compel us to decline jurisdiction. . . ." Last week the Labor Relations Board reaffirmed its decision.

The Jennings case was right where it was two weeks before, but the publishers had neatly strengthened their position by pitting one NRAgency against another. In view of Mr. Richberg's stand, it was a question whether the NRA Compliance Division would take away Mr. Hearst's Blue Eagle, even on the Labor Board's say-so.

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