TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

V
Supreme Court Rulings
During fiscal 1961, the Supreme Court decided eight cases involving
questions concerning the administration of the National Labor Relations
Act One case raised the question of whether section 10(k)
requires the Board to decide prisdictional disputes on their merits
Four other cases presented the validity of the Board's rules for exclusive
hiring halls; of its views concerning the effect of "general laws"
and "foreman" clauses in collective-bargaining contracts; and of its
dues ieimbursement remedy m closed-shop and illegal hiring situations
The other three cases involved the Board's "separate gate"
doctrine in section 8(b) (4) cases, the legality of a contract which
accords exclusive recognition to a minouty union, and the scope of
the reviewing power of the Federal courts of appeals over representation
election matters The Board was upheld on the merits in two
cases, its position was sustained with some modification in one case, and
it was reversed on the merits in five cases
1. Board Determinations Under Section 10(k)
In the CBS case,i'the Supreme Court held, contraiy to the position
taken by the Board,2 that section 10(k) requires the Board to decide
wrisdictional disputes under section 8(b) (4) (D) on their merits
The Board's view was that it could discharge its function under section
10(k) merely by determining whether the striking union was
entitled to the work under a preexisting Board order or certification, or
a contract If the Board found that the stuking union was not so
entitled, the employer's assignment of the work was legarded as
decisive The Supreme Court, affirmmg the decision of the Second
Circuit,' and in agreement with the Third and Seventh Circuits,'
1 31 LRB v Radio d Television Broadcast Engineers Union Locad 1212, IBEIV (Columbia
Broadcasting System), 364 U S 573
2 121 NLRB 1207 Twenty-fourth Annual Report, p 112
2 272 F 2d 713 Twenty-fifth Annual Report, p 141
4 11 LRB v United Association of Journeymen & Apprentices of the Plumbing ce Pipefitting
Industry, Locals 420 and 428 (Hake), 242 F 2d 722 (C A 3) , NLRB v United
Brotherhood of Carpenters 4 Joiners of America (Wendnagel), 261 F 2d 166 (C A 7) See
Twenty second Annual Report pp 135-136
152