Nathan Feinsinger
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Nathan Paul Feinsinger (September 20, 1902 – November 3, 1983) was a professor of law at the
University of Wisconsin Law School The University of Wisconsin Law School is the Law school in the United States, law school of the University of Wisconsin–Madison, a Public university, public research university in Madison, Wisconsin. Founded in 1868, the school is guided by a ...
. He
mediated ''Mediated: How the Media Shapes Your World and the Way You Live in It'' is a non-fiction book by anthropologist Thomas de Zengotita published in 2005 by Bloomsbury about the effect of the media in the Western world. Summary ''Mediated'' aim ...
and arbitrated a number of strikes, and served as general
counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...
to the Wisconsin Labor Relations Board and associate general counsel to the National War Labor Board (WLB). Feinsinger is best known for his mediation efforts in the 1944 telephone operators strike, the 1947 pineapple workers strike, the 1952 steel strike, and the 1966
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transit worker strike.


Early life

Feinsinger was born in
Brooklyn, New York Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
, in 1902 but grew up in
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.Waggoner, "Nathan P. Feinsinger, 81, Dead," ''New York Times,'' November 4, 1983. He graduated from the
University of Michigan The University of Michigan (U-M, U of M, or Michigan) is a public university, public research university in Ann Arbor, Michigan, United States. Founded in 1817, it is the oldest institution of higher education in the state. The University of Mi ...
with a
bachelor's degree A bachelor's degree (from Medieval Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate degree awarded by colleges and universities upon completion of a course of study lasting three to six years ...
in 1924 and a
law degree A law degree is an academic degree conferred for studies in law. Some law degrees are professional degrees that are prerequisites or serve as preparation for legal careers. These generally include the Bachelor of Civil Law, Bachelor of Laws, an ...
in 1926. After post-graduate study at
Columbia Law School Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City. The school was founded in 1858 as the Columbia College Law School. The un ...
in
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, he joined the faculty at the University of Wisconsin School of Law in 1929. During his academic career, he was also a visiting professor of law at numerous other law schools throughout the nation.Aaron, "Memories of Nathan P. Feinsinger (Former Professor at Univ. of Wisconsin School of Law)," ''Wisconsin Law Review,'' 1984; Fleming, "Memorial to Professor Nathan P. Feinsinger," ''Wisconsin Law Review,'' 1984.


Government service

Feinsinger was appointed general counsel to the Wisconsin Labor Relations Board in 1937. He served for two years, during which time he was on leave from the University of Wisconsin. In 1942,
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
appointed Feinsinger associate general counsel of the War Labor Board. He was promoted to Director of National Disputes in 1943, overseeing labor problems of a national nature, and was appointed to be a representative of the public on the board in 1945. During his tenure on the War Labor Board, Feinsinger helped settle a number of important strikes. In November 1944, he settled a national strike by telephone switchboard operators belonging to the National Federation of Telephone Workers which had shut down telephone service in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
,
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and other large cities. Feinsinger told the union leaders that they were defying the government of the United States and "no union has done that yet and succeeded." On November 24, telephone workers in
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ended their walk-out and the nationwide strike collapsed. President Roosevelt specifically praised Feinsinger for his role in ending the dispute. President
Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. As the 34th vice president in 1945, he assumed the presidency upon the death of Franklin D. Roosevelt that year. Subsequen ...
appointed Feinsinger to a presidential fact-finding board on December 31, 1945, along with Utah Supreme Court Chief Justice
Roger I. McDonough Roger I. McDonough (September 29, 1892 – November 25, 1966) was an American judge. He presided over Utah's Third Judicial District Court for ten years. Then in 1938 he was elected to the Utah Supreme Court, where he went on to serve as chief ju ...
and Missouri Supreme Court Chief Justice James M. Douglas, to investigate an ongoing labor dispute in the steel industry in which 700,000 steelworkers threatened to strike. Although the Feinsinger panel was unable to avert the strike, the fact-finding report helped lead to an eventual settlement of the strike. After a general strike by maritime workers on the West Coast began in early September 1946, President Truman named Feinsinger as the federal government's chief mediator. The War Labor Board had cut wage increases won through collective bargaining nearly in half, but Feinsinger was able to negotiate an end to the strike which convinced the WLB to restore the cuts.


The pineapple strike

Feinsinger played a critical role in settling a pineapple strike by Hawaiian workers which began on July 11, 1947. Although the strike only lasted five days, the workers were represented by the relatively militant
International Longshore and Warehouse Union The International Longshore and Warehouse Union (ILWU) is a labor union which primarily represents dock workers on the West Coast of the United States, Hawaii, and in British Columbia, Canada; on the East Coast, the dominant union is the Intern ...
—which threatened to close all ports in Hawaii in support of the sugar workers. A lengthy strike would have broken the fragile Hawaiian economy, which was heavily dependent on large shipments of food, fuel and other supplies in order to sustain the large military and civilian defense presence on the island. As Feinsinger himself noted: :This is the toughest case I ever worked on. There was danger that if the strike was not settled this week it would have gone on for months and dragged sugar and the waterfront down with it. Feinsinger was rushed to Hawaii by a military aircraft and entered into three days of nearly non-stop negotiations. The strike ended on terms favorable to the union on July 16. A grateful
Hawaii territorial legislature The Hawaii Territorial Legislature was the legislative body of the Territory of Hawaii from 1900 to 1959 (when Hawaii became a state). The Hawaii Territorial Legislature was established on April 30, 1900, by the Hawaiian Organic Act which establ ...
proclaimed the day the strike ended "Nathan P. Feinsinger Day." Feinsinger left federal service in 1948. In February 1950, he was involved in an automobile accident in Wisconsin that claimed two lives. The accident shattered his hip, and he required extensive surgery and rehabilitation. But he resumed a heavy schedule of lecturing and teaching by the end of the year.


The steel strike

President Truman named Feinsinger chairman of the
Wage Stabilization Board The Wage Stabilization Board (WSB) was an independent agency of the United States government whose function was to make wage control policy recommendations and to implement such wage controls as were approved."Executive Order 10161, September 9, ...
on August 15, 1951, succeeding George W. Taylor. The board was part of a massive federal wage and price stabilization effort designed to support defense production and mobilization during the
Korean War The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
. Feinsinger faced an immediate wage crisis as unionized steelworkers threatened to strike in order to win wage and productivity increases. Feinsinger convinced
United Steelworkers of America The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, commonly known as the United Steelworkers (USW), is a general trade union with members across North America. Headqua ...
president
Philip Murray Philip Murray (May 25, 1886 – November 9, 1952) was a Scottish-born steelworker and an American labor leader. He was the first president of the Steel Workers Organizing Committee (SWOC), the first president of the United Steelworkers ...
to call off a strike set for January 1, 1952, in favor of a 90-day voluntary cooling-off and fact-finding period. Feinsinger was forced to turn over the wage case to the president for resolution, but continued to work feverishly toward a solution. At 6:30 a.m. on March 20, 1952, Feinsinger collapsed and lapsed into unconsciousness after 15 and a half hours of uninterrupted negotiations. Despite several additional proposed solutions, neither the employers nor the union agreed to a new contract. The steelworkers set their strike to begin on April 9. But at 10:30 p.m. on the evening of April 8, 1952, President Truman invoked his powers as commander-in-chief and seized the steel mills. On June 2, in a landmark decision, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
ruled in '' Youngstown Sheet & Tube Co. v. Sawyer,'' 343 U.S. 579, that the president lacked the authority to seize the steel mills. The steelworkers struck the next day to win their wage increase. The strike lasted 55 days, and ended on July 24 on essentially the same terms the union had proposed four months earlier.


New York City transit strike

One of his last major roles as a mediator occurred during the
1966 New York City transit strike Events January * January 1 – In a coup, Colonel Jean-Bédel Bokassa takes over as military ruler of the Central African Republic, ousting President David Dacko. * January 3 – 1966 Upper Voltan coup d'état: President Maurice Yamé ...
. Feinsinger was appointed chairman of a three-member mediation panel by
Mayor In many countries, a mayor is the highest-ranking official in a Municipal corporation, municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilitie ...
Robert F. Wagner Jr. Robert Ferdinand Wagner II (April 20, 1910 – February 12, 1991) was an American diplomat and politician who served three terms as the mayor of New York City from 1954 through 1965. When running for his third term, he broke with the Tammany Ha ...
and Mayor-elect
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. Although the city won an injunction against the strike and jailed the union's 61-year-old ailing president,
Mike Quill Michael Joseph "Red Mike" Quill (September 18, 1905 – January 28, 1966) was an Irish-American labor leader and politician who co-founded the Transport Workers Union of America (TWU), a union of subway workers in New York City New Y ...
, Feinsinger quickly led both sides into a rapid series of give-and-take bargaining sessions which ended the bitter wintertime strike after just 13 days.Marmo, ''More Profile Than Courage: The New York City Transit Strike of 1966,'' 1990.


Retirement, death and endowment

Throughout his life, Feinsinger mediated strikes and labor disputes in many industries, including steel, automobile manufacturing, maritime trades, meat-packing, airlines and transit industries. In the 1960s, Feinsinger was named an impartial arbitrator by
General Motors General Motors Company (GM) is an American Multinational corporation, multinational Automotive industry, automotive manufacturing company headquartered in Detroit, Michigan, United States. The company is most known for owning and manufacturing f ...
and the
United Auto Workers The United Auto Workers (UAW), fully named International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, is an American labor union that represents workers in the United States (including Puerto Rico) and sou ...
. In 1967, Feinsinger founded the Center for Teaching and Research in Disputes Settlement at the University of Wisconsin. He retired from teaching in 1973. Feinsinger suffered a
stroke Stroke is a medical condition in which poor cerebral circulation, blood flow to a part of the brain causes cell death. There are two main types of stroke: brain ischemia, ischemic, due to lack of blood flow, and intracranial hemorrhage, hemor ...
in May 1982. He died from complications related to the stroke on Wednesday, November 3, 1983, in
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. He was survived by his estranged wife, Bettie, and his three children The Nathan P. Feinsinger Professor of Law chair at the University of Wisconsin Law School was endowed in his name.


Notes


References

*Aaron, Benjamin. "Memories of Nathan P. Feinsinger (Former Professor at Univ. of Wisconsin School of Law)." ''Wisconsin Law Review.'' 1984:2 (1984). *Beechert, Edward D. ''Working in Hawaii: A Labor History.'' Honolulu: University of Hawaii Press, 1985. *Bernstein, Barton J. "The Truman Administration and the Steel Strike of 1946." ''Journal of American History.'' 52:4 (March 1966). *"Dave Thompson: Islands Activist, 1946-1958." ''The Dispatcher.'' October 2006. *Davies, Lawrence E. "AFL Ends Strike on Pacific Coast." ''New York Times.'' September 13, 1946. *Davies, Lawrence E. "Way Paved to End Coast Ship Strike." ''New York Times.'' November 13, 1946. *"End Phone Strike, WLB Orders Union." ''United Press International.'' November 22, 1944. *"Famed Mediator Dies." ''Associated Press.'' November 2, 1983. *Fleming, Robben W. "Memorial to Professor Nathan P. Feinsinger." ''Wisconsin Law Review.'' 1984:2 (1984). *Fleming, Robben W. "Professor Nathan P. Feinsinger." ''Wisconsin Law Review.'' 1973:4 (1973). *"Hawaii Strike Talks Fail." ''New York Times.'' July 14, 1947. *Hove, Arthur. "Prof. Nathan Feinsinger: Man in the Middle." ''Wisconsin Alumnus.'' 67:6 (March 1966). *Loftus, Joseph A. "Telephone Strike Suddenly Ended By Union Chiefs." ''New York Times.'' November 24, 1944. *Loftus, Joseph A. "Wage Board Votes 18.8c Rise In Steel As Industry Balks." ''New York Times.'' March 21, 1952. *Marcus, Maeva. ''Truman and the Steel Seizure Case: The Limits of Presidential Power.'' New York: Columbia University Press, 1977. *Marmo, Michael. ''More Profile Than Courage: The New York City Transit Strike of 1966.'' Albany, N.Y.: State University of New York Press, 1990. *Najita, Joyce Matsumoto. ''The 1947 Hawaiian Pineapple Strike.'' Honolulu: Industrial Relations Center, University of Hawaii, 1958. *"Phone Strike Talk Here Ends Quickly." ''New York Times.'' November 24, 1944. *"Pineapple Strike Called in Hawaii." ''Associated Press.'' July 12, 1947. *"Pineapple Workers End Hawaii Strike." ''Associated Press.'' July 17, 1947. *"Wage Board Faces Change in Leaders." ''New York Times.'' August 19, 1951. *"Wage Increase Ends Phone Strike Threat." ''Associated Press.'' December 5, 1944. *Waggoner, Walter H. "Nathan P. Feinsinger, 81, Dead." ''New York Times.'' November 4, 1983. *"War Effort Peril." ''Associated Press.'' November 23, 1944. *Whitney, Robert F. "President Names Steel Fact Board, Asks Price Study." ''New York Times.'' January 1, 1946. *"WLB Demands End of Phone Strike." ''Associated Press.'' November 21, 1944. {{DEFAULTSORT:Feinsinger, Nathan 1902 births 1983 deaths American legal scholars University of Wisconsin Law School faculty Columbia Law School alumni University of Michigan Law School alumni Lawyers from Brooklyn Lawyers from Buffalo, New York Lawyers from Madison, Wisconsin 20th-century American lawyers