NATIONAL LABOR RELATIONS BOARD

IX. LITIGATION 223
FIRST CIRCUIT
National Labor Relations Board v. Lion - Shoe Co., 97 F. (2d) 448,
was the only case involving an order of the Board decided by the
Circuit Court of Appeals for the First Circuit during the present fiscal
year. In this case, the Court set aside, for lack of substantial evidence,
an order of the Board based upon findings that the company had
engaged in unfair labor practices, within the meaning of section 8
(1), (2), and (3) of the act.
SECOND orRutiri
Black Diamond 8team1tip Corp. v. National Labor Relations
Board, 94 F. (2d) 875, cert. denied, 58 S. Ct. 1044, involved violations
of section 8 (1) , (3), and (5). During an election conducted by the
Board, the engineers employed by the company had gone on strike.
The union won the election and was certified by the Board as exclusive
bargaining agent. The Board found that the company had
subsequently refused to bargain with the union and to reinstate the
striking employees. Enforcement of the Board's order was granted.
National Labor Relations Board v. Remington Rand, Inc., 94 F.
(2d) 862, cert. denied, 58 S. Ct. 1046, was concerned with a Board decision
finding the company guilty of numerous violations of section
8 (1), of interfering with the formation and administration of two
labor organizations in violation of section 8 (2), of violating section
8 (3) by discharging 30 workers and refusing to reinstate employees
who had gone on strike, and of refusing to bargain collectively with
the representatives of its employees as required by section 8 (5). • The
findings of the Board were sustained in full, except with respect to
one of the two labor organizations found by the Board to have been
company-dominated, and as to two of the 30 employees found to have
been wrongfully discharged. The Court modified the Board's order,
in so far as it was based upon these findings. It also removed from
the order provisions requiring disestablishment of the company-dominated
union 1° and the payment of transportation expenses to strikers
ordered reinstated in a new plant of the company which had been
opened during the strike. Enforcement of the other portions of the
order was granted, including reinstatement of a large number of
employees who had gone on strike because of employer's unfair labor
practices.
In Consolidated Edison Company v. National Labor Relations
Board, 95 F. (2d) 390, cert. granted, 58 S. Ct. 1038, the Court sustained
the findings of the Board that the companies involved had
violated section 8 (1), by coercing their employees into joining a labor
organization and by discriminating in favor of such organization,
and had violated section 8 (3) by discharging six employees because
of their union activities. The Court upheld the validity of the Board's
order, including a provision setting aside contracts entered into
between the companies and the union which they had favored and
which contracts the Board found had grown out of the unfair labor
practices which had occurred.
lo The decision in the Remington Rand case was handed down by the Circuit Court of
Appeals for the Second Circuit 2 weeks before the Supreme Court, in National Labor Relations
Board v. Pennsylvania Greyhound Lines, supra, upheld the right of the Board to
disestablish company-dominated unions.