NATIONAL LABOR RELATIONS BOARD

IX. LITIGATION 225
company, within the meaning of section 2 (3). The Court, however,
reversed the Board's finding that the union had represented a majority
of the employees on the date of the company's refusal to bargain
on the ground that the Board, in determining the majority, had
failed to find and exclude strikers who had received regular and
substantially equivalent employment elsewhere. In this case, the
Court also held that strikers who had been convicted of acts of
violence committed during a strike could not be considered employees
in determining the question of majority. The order of the Board
was set aside.
}it ILL CIRl,U11
In National Labor Relations Board v. Bell Oil & Gas Co., 13 91 F.
(2d) 509, the Court sustained a finding of the Board that the company
had violated section 8 (1) and (3), by refusing to reinstate a
striking employee. On October 18, 1937, a modified Board order, requiring
the reinstatement with back pay of such employee, was
affirmed.
SIXTH CIRCTIIT
Memph,is Furniture Mfg. Co. v. National Labor Relations Board,
96 F. (2d) 1018, cert. denied October 10, 1938, involved the validity
of an order of the Board based upon a finding that the company had
engaged in unfair labor practices, within the meaning of section 8
(1) and (3) of the act. The petition for enforcement of the Board's
order was granted.
In National Labor Relations Board v. Sands Manufacturing Co.,
96 F. (2d) 721, cert. granted October 10, 1938, findings of the Board
that the company haa violated section 8 (1), (3), and (5) of the act
were disapproved. The Court found that the employees had violated
their contract and that, as a result, the company had been justified in
discharging them. The Court also found that the company had sincerely
attempted to negotiate with the union over a long period of
time, but that an impasse had been reached as a result of the breach
of contract. It held that the refusal of the company to bargain further
was not a violation of the act. The order of the Board was set aside.
The Supreme Court, on October 10, 1938, granted the Board's petition
for writ of certiorari to review this decision.
In National Labor Relations Board v. Thompson Products, Inc.,
97 F. (2d) 13, the Court set aside for lack of evidence, an order requiring
the company to reinstate with back pay three employees
found by the Board to have been discriminatorily discharged.
Cloven. Fork Coal Co. v. National Labor Relations Board, 97 F.
(2d) 331, was concenied with a decision of the Board finding thb
company guilty of numerous violations of section 8 (1), and of discriminatorily
discharging 60 employees. The findings of the Board
were sustained in full, and the order requiring the company to cease
and desist from its unfair labor practices and to reinstate with back
pay the wrongfully discharged employees was enforced.
In National Labor Relations Board v. Kentucky Firebrick Company,
99 F (2d) 89, the Court sustained findings of the Board
that the company had violated section 8 (1) and (3) by refusing
12 Discussed in the Second Annual Report, p. 34.