NATIONAL LABOR RELATIONS BOARD

226 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
to reinstate 30 employees following a strike. The Court granted the
Board's request for enforcement of its order directing the company to
reinstate the employees who had been wrongfully discriminated
against.
SEVENTH CIRuui.i.
In National Labor Relations Board v. Columbian, Enameling &
Stamping Co., 96 F. (2d) 948, cert. granted October 10, 1938, the Court
set aside an order of the Board requiring the company to reinstate
strikers who had gone on strike before July 5, 1935, and to bargain
collectively with the representatives of its employees. The Court
found that the employees had, by striking, violated their contract.
It held that such violation of contract before the effective datei of the
Act had resulted in a discontinuance of their status as employees. On
October 10, 1938, the Supreme Court granted the Board's petition
for writ of certiorari to review this decision.
NINTH CTIICIIIT u
National Labor Relations Board v. Carlisle Lumber Company, 94
F. (2d) 1038, cert. denied, 58 S. Ct. 1045, involved violations of section
8 (1), (2), (3), and (5). The company had, on July 8, 1935, and
on subsequent occasions thereafter, refused to bargain collectively
with the representative of its employees who had gone on strike prior
to the effective date of the act. The Court sustained the Board's findings
of fact and approved an order requiring the company to cease
and desist from its unfair labor practices and to reinstate its striking
employees with back pay from July 29, 1935, the date of the company's
first act of discrimination against all of the members of the union.
In National Labor Relations Board v. Oregon -Worsted Company,
96 F. (2d) 193, the Court sustained two orders of the Board directed
against the Oregon Worsted Company. In the first case, the Board's
findings were that the company had dominated and interfered with
the formation and administration of a labor organization and had
discriminatorily discharged one of its employees. The Board ordered
the company to cease and desist from its unfair labor practices and to
reinstate the wrongfully discharged employee with back pay. In the
second case, the employees of the company had gone on strike as a
result of the company's anti-union activities. The Board's order
directed the company to offer reinstatement to its striking employees.
The Board's findings of fact were sustained in full in both cases.
National Labor Relations Board v. Star Publishing Company, 97
F. (2d) 465, involved a dispute between rival labor organizations.
The Court upheld the Board's finding that the company had violated
section 8 (1) and (3) by transferring, to other jobs, its circulation
employees who were members of the Newspaper Guild and replacing
them with members of the International Brotherhood of Teamsters.
The transfer had resulted in a strike on the part of the transferred
employees. The Court rejected the company's argument that it was
justified in discriminating against the members of the Guild because
" In view of the Supreme Court decisions in Santa Cruz Fruit Packing Co. v. National
Labor Relations Board, National Labor Relations Board v. Pacific Greyhound Lines, and
National Labor Relations Board v. Mackay Rgdio G Telegraph Co., summarized on p. 222
above, a discussion of the circuit court decisions in these cases will be omitted. They
were discussed in the Second Anual Report, pp. 34 and 35, however.