f any work which contributes to the effective
prosecution of the war; and Whereas as a result of a conference of
representatives of labor and industry which met at the call of the
President on December 17, 1941, it has been agreed that for the duration
of the war there shall be no strikes or lockouts, and that all labor
disputes shall be settled by peaceful means, and that a National War
Labor Board be established for a peaceful adjustment of such disputes.
Now, therefore, by virtue of the authority vested in me by the
Constitution and the statutes of the United States, it is hereby
ordered: 1. There is hereby created in the Office for Emergency
Management a National War Labor Board, * * *"[69] In this field, too,
Congress intervened by means of the War Labor Disputes Act of June 25,
1943,[70] which however still left ample basis for Presidential activity
of a legislative character.[71]

"SANCTIONS"

To implement his directives as Commander in Chief in wartime, and
especially those which he issued in governing labor relations, Mr.
Roosevelt often resorted to "sanctions," which may be described as
penalties lacking statutory authorization. Ultimately, the President
sought, by Executive Order 9370 of August 16, 1943, to put sanctions in
this field on a systematic basis. This order read:

"(a) To other departments or agencies of the Government directing the
taking of appropriate action relating to withholding or withdrawing from
a noncomplying employer any priorities, benefits or privileges extended,
or contracts entered into, by executive action of the Government, until
the National War Labor Board has reported that compliance has been
effectuated;

"(b) To any Government agency operating a plant, mine or facility,
possession of which has been taken by the President under section 3 of
the War Labor Disputes Act, directing such agency to apply to the
National War Labor Board, under section 5 of said act, for an order
withholding or withdrawing from a noncomplying labor union any benefits,
privileges or rights accruing to it under the terms of conditions of
employment in effect (whether by agreement between the parties or by
order of the National War Labor Board, or both) when possession was
taken, until such time as the noncomplying labor union has demonstrated
to the satisfaction of the National War Labor Board its willingness and
capacity to comply; but, when the check-off is denied, dues received
from the check-o