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NATIONAL LABOR RELATIONS BOARD

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IX. LITIGATION 227<br />

economic pressure on the part of the Brotherhood would have subjected<br />

it to great hardship if it had refused to do so. Enforcement<br />

of the Boards order, requiring the company to reinstate to jobs in the<br />

circulation department the members of the Guild, was granted.<br />

National Labor Relations Board v. American Potash. and Chemical<br />

Corp., 98 F. (2d) 488, was concerned with Board fmdings that the<br />

company had committed violations of section 8 (1), (2), and (3) of<br />

the act. The Board's findings were sustained in full, and enforcement<br />

of the order, including reinstatement with back pay of the<br />

wrongfully discharged employees and disestablishment of the company-dominated<br />

union, was granted.<br />

COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA<br />

In National Labor Relations Board v. Willard, Inc., 98 F. (2d) 244,<br />

the Court sustained findings of the Board that the Willard Hotel,<br />

Washington, D. C., had discharged two employees because of their<br />

union activities. Enforcement of the Board's order, requiring reinstatement<br />

of the two employees with back pay, was granted.<br />

C. MISCELLANEOUS COURT PROCEEDINGS<br />

In addition to the injunction suits against the Board and the cases<br />

in the circuit courts of appeals for enforcement and review of Board<br />

orders, elsewhere discussed in this chapter, there has been, during the<br />

present fiscal year, a considerable amount of miscellaneous litigation<br />

mvolving the operations of the Board under the act.<br />

In five cases 15 during the year efforts were made to review or stay<br />

action taken by the Board in representation cases arising under section<br />

9 (c) of the act. In each of these cases, brought respectively in the<br />

Circuit Court of Appeals for the Third, Fifth, Sixth, and Seventh<br />

Circuits, and in the Court of Appeals for the District of Columbia, the<br />

Board's contention that the Court was without jurisdiction to enjoin<br />

the hearings and investigations of the Board was sustained.<br />

In six cases,i° where petitions to review orders of the Board were<br />

appropriately filed in accordance with section 10 (f) of the act, stays<br />

of the Board orders pending review have been requested and, after<br />

opposition, denied.<br />

In the Matter of Baldwin Locomotive Works (E. D. Pa.), C. C. H.<br />

Labor Law Service, par. 18107, the Board petitioned the Court for<br />

leave to issue a complaint directed to a company operating under the<br />

supervision of the Court pursuant to section 77 (b) of the bankruptcy<br />

law. The petition was denied because the bankruptcy proceedings<br />

were soon to be terminated.<br />

United Employees Association v. National Labor Relations Board, 96 F. (2d) 875<br />

(C. C. A. 3d) ; Unlicensed Employees Collective Bargaining Agency of the Marine Department<br />

of Sabine Transportation Company of Dover, Delaware, Inc. et al. V. National Labor<br />

Relations Board (C. C. A. 5th), decided November 12, 1937; Combustion Engineering<br />

Company, Inc. v. National Labor Relations Board, 95 F. (2d) 996 (C. C. A. 6th) ; New<br />

York Handkerchief Mfg. Co. v. National Labor Relations Board, 97 F. (2d) 1010 (C. C.<br />

A. 7th) ; Commercial Telegraphers Union v. J. Warren Madden et al. (C. A.—D. C.),<br />

decided November 18, 1937, stay also denied by Supreme Court, C. C. H. Labor Law<br />

Service, par. 14108.<br />

16 Consolidated Edison Co. et al v. National Labor Relations Board (C. C. A. 2d);<br />

Regal Shirt Co. v. National Labor Relations Board (C. C. A. 3d) ; TVhiterock Quarries,<br />

Inc. v. National Labor Relations Board (C. C. A. 3d) ; McNeeley it Price Co. V. National<br />

Labor Relations Board (C. C. A. 3d) ; National Electric Products Corp. et at v. National<br />

Labor Relations Board (C. C. A. 3d) ; Swift d Co. v. National Labor Relations Board<br />

(C. C. A. 10th).

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