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NATIONAL LABOR RELATIONS BOARD

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224 THIRD ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />

In National Labor Relations Board v. Millfay Manufacturing Company,<br />

97 F. (2d) 1009, the Court granted the Board's request for<br />

enforcement of its order directing the company to cease violating<br />

section 8 (1), (2), and (5) of the act, and to reinstate its employees<br />

who had gone on strike as a result of the company's unfair labor<br />

practices.<br />

FOURTH CIRCUIT<br />

Jeffery-DeWitt Insulator Co. v. National Labor Relations Board,1'<br />

91 F. (2d) 134, cert. denied ,.302 U. S. 731, involved the validity of an<br />

order of the Board directing the company to reinstate strikers who<br />

had gone on strike prior to the effective date of the act, and to bargain<br />

collectively with the representatives of its employees. The Court<br />

sustained the Board's finding that the company had, subsequent to<br />

July 5, 1935, refused to bargain collectively with the union at a time<br />

when the union was the representative of a majority of the company's<br />

employees. Enforcement of the Board's order was granted.<br />

In Appalachian Electric Power Co. v. National Labor Relations<br />

Board, 93 F. (2d) 985, the Court set aside, for lack of evidence<br />

'<br />

an<br />

order of the Board based upon a finding that the company had discriminated<br />

in regard to the hire and tenure of employment of three<br />

individuals, but sustained the Board's jurisdiction.<br />

In Mooresville Cotton Mills v. National Labor Relations Board,<br />

94 F. (2d) 61, the Court sustained the finding of the Board that the<br />

company had violated section 8 (3) by refusing to reinstate eight of<br />

its employees following a strike. The Court refused to enforce, however,<br />

a provision in the Board's order directing reinstatement of four<br />

of the eight employees, on the ground that such employees had obtained<br />

regular and substantially equivalent employment elsewhere<br />

and were, therefore, no longer employees of the company within the<br />

meaning of section 2 (3) of the act. 12 Subsequently, the case was<br />

remanded to the Board for further hearing on this question.<br />

In National Labor Relations Board v. J. Freezer & Son, 95 F. (2d)<br />

840, the Court sustained findings of the Board that the company had<br />

discriminatorily discharged three employees and had dominated and<br />

interfered with the formation and administration of a labor organization.<br />

The Court granted the Board's request for enforcement of its<br />

order requiring the company to reinstate with back pay the wrongfully<br />

discharged employees and to disestablish the company-dominated<br />

union.<br />

National Labor Relations Board v. Wallace Manufacturing Co.,<br />

Inc.<br />

'<br />

95 F. (2d) 818, involved the validity of findings of the Board<br />

that the company had violated section 8 (1), (2), and (3) of the act.<br />

The Board's findings were sustained, and enforcement of its order,<br />

including reinstatement with back pay of a wrongfully discharged<br />

employee and disestablishment of a company-dominated union, was<br />

granted.<br />

In Standard Lime & Stone Co. v. National Labor Relations Board,<br />

97 F. (2d) 531, the Court sustained the Board's contention that employees<br />

who were on strike on July 5, 1935, were employees of the<br />

11 This case was discussed in the Second Annual Report, p. 34.<br />

32 The Court held, however, that the Board could order the company to pay such workers<br />

back pay for the period between the refusal to reinstate them and the date of their acquisition<br />

of substantially equivalent employment.

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