NATIONAL LABOR RELATIONS BOARD

228 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
In two cases,r7 where Board subpcenas had not been complied with,
enforcement proceedings, pursuant to section 11 (2) of the act, were
commenced in district courts and successfully concluded.
During the year contempt proceedings were initiated in two cases 18
wherein respondents had failed to comply with orders of the Circuit
Court of Appeals for the Second and Fifth Circuits enforcing orders
of the Board requiring respondents to cease and desist from unfair
labor practices found to have been engaged in, and to take certain
affirmative action to remedy the conditions caused by such practices.
Two attempts 19 have been made to enjoin the Board from excluding
a former employee of the Board from participation in two cases
before it.
In Metropolitan Employees Association v. National Labor Relations
Board et al (S. D. N. Y., January 20, 1988), C. C. H. Labor Law
Service, paragraph 18075, the Court denied relief prayed for by an
employee organization to compel the Board and its agent to conduct a
representation investigation under section 9 (c) of the act.
On June 22, 1938, the Circuit Court of Appeals for the Third
Circuit, pursuant to petition of the Board, directed the respondent to
post security for the probable costs of a further hearing before the
Board, which further hearing had been directed by the Court at the
request of the respondent. National Labor Relations Board v. Stylecraft
Leather Goods Company, Inc.
A suit for damages alleged to have been suffered by reason of
certain allegations in a Board complaint was brought in the Harlan
Circuit Court of Kentucky. The suit, Clover Fork Coal Co. v.
National Labor Relations Board, was removed to the United States
District Court for the Eastern District of Kentucky
'
where, upon the
Board's motion, it was dismissed on December 16, 1937, for lack of
jurisdiction. The plaintiff thereafter appealed to the Circuit Court
of Appeals for the Sixth Circuit, where the case is now pending.
This case is not to be confused with the case of Clover Fork Coal Co.
v. National Labor Relations Board, 97 F. (2d) 331 (C. C. A. 6th), in
which the Circuit Court of Appeals for the Sixth Circuit sustained
the Board's jurisdiction over the coal mining operations of this concern
and enforced the order of the Board there contested.
The power of the Board to vacate its orders under section 10 (d)
of the act has been involved in several cases,2° of which cases the most
National Labor Relations Board V. Dominick Calderazzo eA al. C. C. H. Labor Law
Service, par. 18109 (N. D. N. Y., February 14, 1938) ; National Labor Relations Board v.
United Shipyards, Inc. (S. D. N. Y., June 1, 1938).
IS National Labor Relations Board v. Bell Oil and Gas Co. (C. C. A. 5th) ; National
Labor Relations Board v. Remington Rand, Inc. (C. C. A. 2d). In this case, the Court
on June 1st directed compliance by July 15, 1938.
" Mu el ler v. Madden et al (W. D. of Mo.). Dismissed April 25, 1938; Mueller V. Madden
et al (N. D. of Texas). Submitted April 15, 1938.
Motions filed by the Board to dismiss petitions to review or enforce were granted
after the Board had set aside its orders for the purpose of taking further proceedings in
Douglas Aircraft Co. v. Nationat Labor Relations Board, 96 F. (2d) 1016 (C. C. A. 9th) ;
Empire Furniture Corp. V. Textile Workers Organizing Committee and National Labor
Relations Board, 97 F. (2d) 1000 (C. C. A. 9th) ; Inland Steel Company V. National Labor
Relations Board, 97 F. (2d) 1006 (C. C. A. 7th) ; H. J. Heinz Company v. National Labor
Relations Board, C. C. H. Labor Law Service, Par. 18237 (C. C. A. 3d) ; Washington Mfg.
CO. V. National Labor Relations Board, 97 F. (28) 1010 (C. C. A. 6th).
A motion of the Board to remand for further proceedings was granted in North Whittier
Heights Citrus Assn. v. National Labor Relations Board, 97 F. (2d) 1010 (C. C. A. 9th).
A motion of the Board to withdraw its petition to enforce for further proceedings before
the Board was granted by the Circuit Court of Appeals for the Sixth Circuit in National
Labor Relations Board v. Ford Motor Company. In another case before the Court
resulting from the company's petition for review of the same order, the Board's motion to
remand for further proceedings before the Board was granted. Certiorari was granted
by the Supreme Court in both cases on October 10. 1938.