Charles Evans Whittaker

“ Surely, the continuing offense of enforcing a contract, made by an employer with a union which was not of the employees' 'own choosing,' was not intended by Congress to be left without a remedy. Congress did not intend to create and 'to hold out to (employees) an illusory right for which it was denying them a remedy.' Graham v. ”

“ Although still recognizing that enforcement of a tainted labor contract 'is a continuing violation' of the law, the Court further says that this is true 'solely by reason of circumstances existing only at the date of execution'; and it therefore concludes that evidence of the taint is inadmissible in a proceeding to punish unlawful conduct occurring from enforcement of the contract within six months of the filing of a charge. ”

“ Analytical curiosity provokes the query whether such an illegal contract, openly posted in the plant but not made effective in practice until the first day of the seventh month, would then become so 'infused' with legality as to be unassailable by the employees-not because its enforcement is not 'a continuing offense,' but, rather, because, under the Court's rule, there can be no competent evidence of its illegality. ”