NATIONAL LABOR RELATIONS BOARD

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CHAPTER VI LITIGATION A decided increase in the volume of Board litigation was again the most noteworthy incident of this fiscal year. During this period 135 final decisions involving the enforcement or review of Board orders were rendered by the several Circuit Courts of Appeals and the Supreme Court, almost a 96 percent increase over the 69 decisions of the preceding year, and approximately a 214 percent increase over the 43 decisions in 1939. Of these, the Board was sustained in whole, or in part, in 82 percent of the total cases decided, which is comparable to' the record of 84 percent favorable in the previous year when fewer cases were decided. Other types of litigation to which the Board was a party also showed a like increase. Failure to comply with court decrees enforcing Board orders has required the institution of contempt proceedings in many instances. In addition to the foregoing litigation the Board has obtained amicable adjustment of many cases through the entry of consent decrees in the Circuit Courts of Appeals, some 153 such decrees having been entered during the year. A summary of litigation for the fiscal year appears as Appendix D beginning on page 144, infra. A. ENFORCEMENT AND REVIEW Board orders are_ not self-enforcing. The Board may seek enforcement and any person aggrieved may seek review of the order in the circuit courts of appeals. In either case, the court, upon the filing of the transcript of the record before the Board has jurisdiction to enforce, to modify and enforce as modified, or to set aside the Board's order. Upon petition for certiorari, the Supreme Court may, in its discretion, review the decision of the circuit court. The decisions of the Supreme Court during the present fiscal year involving Board orders are briefly summarized below. Summaries of Circuit Court decisions in enforcement and review cases are omitted but a discussion of the more significant principles established during the year will be found in section B below. 1. SUPREME COURT CASES Ten cases involving the Board were decided by the Supreme Court during the past fiscal year. In four the Board's order was sustained in full, in one the order was sustained as modified slightly by the court below, and in four others the Board's order was modified either slightly or more substantially ; in the remaining case the Supreme Court, upon procedural grounds, declined to pass upon the order. International Association of Machinists v. N. L. R. B., 311 U. S. 72, affirming 110 F. (2d) 29 (App. D. C.), which enforced Matter of The Serrick Corporation and International Union, United Automobile Workers of America, Local No. 459, 8 N. L. R. B. 621. Here the Supreme Court upheld a Board order based upon findings 83
84 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD that a closed-shop contract and the discharge of employees pursuant thereto were illegal because the contracting union had been assisted by the employer's unfair labor practices. The Court held that under the Act the employer could be charged with the antiunion activities of minor supervisors whether or not the actions were expressly authorized and whether or not the employer would be responsible for the supervisors' actions under common law principles of respondeat superior. The Court also sustained a provision of the Board's order directing the employer to bargain with a union which had unlawfully been denied bargaining rights, holding that it was proper for the Board to disregard an alleged shift in majority to another union following the unlawful refusal to bargain. N. L. R. B. v. Link-Belt Co., 311 U. S. 584, reversing 110 F. (2d) 506 (C. C. A. 7), and enforcing Matter of Link-Belt Company and Lodge 1604 of Amalgamated Association of Iron Steel and Tin Workers of North America, etc., 12 N. L. R. B. 854. In reversing the Seventh Circuit, which had set aside the major part of the Board's order, the Supreme Court held that the lower court had substituted its judgment on disputed facts for the Board's judgment. The Supreme Court again stressed, as it had in the Waterman case,1 the necessity of strict judicial adherence to the congressional demarcation of power between administrative agencies and the reviewing courts, and admonished the lower court to refrain from encroaching upon the exclusive jurisdiction of the Board to draw inferences from the facts, to appraise conflicting and circumstantial evidence, and to determine the weight and credibility of testimony. The Board was sustained in findings that employees had been discriminatorily discharged, and that a union was company-dominated where it had succeeded an earlier dominated union with the aid of minor supervisors and of employee leaders of the first union. Westinghouse Electric & Mfg. Co. v. N. L. R. B., 312 U. S. 660, affirming (per curriam) 112 F. (2d) 657 (C. C. A. 2), which enforced as modified Matter of Westinghouse Electric & Manufacturing Company and United Electrical, Radio & Machine Workers of America, Local #410, 18 N. L. R. B. 300. In a per curiam opinion, on the authority of the Link-Belt decision, supra, and N. L. R. B. v. Newport News Shipbuilding & Dry Dock Co., 308 U. S. 241, the Supreme Court affirmed a decision of the Second Circuit, which slightly modified and enforced a Board disestablishment order. The lower court's decision upheld findings of company domination of a union where it was formed by employee leaders of a prior company. dominated union without any action by the employer to mark a "line of fracture" between the two unions in the eyes of the employees generally. H. J. Heinz Co. v. iV. L. R. B., 311 U. S. 514, affirming 110 F. (2d) 843 (C. C. A. 6) which enforced Matter of H. J. Heinz Company and Cannery and Pickle Workers, Local Union No. 325, affiliated with Amalgamated Meat Cutters and Butcher Workmen of North America, American Federation of Labor, 10 N. L. R. B. 963. In this landmark case the Supreme Court upheld the Board's determination that the emplo y er's refusal to enter into a written signed contract with a union embodying terms agreed upon by both 1 N. L. R. B. V. Waterman Steamship Corp., 309 U. S. 206.
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SIXTH ANNUAL REPORT OF THE NATIONAL
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NATIONAL LABOR RELATIONS BOARD WILL
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TABLE OF CONTENTS Chapter Page I. A
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SIXTH ANNUAL REPORT OF THE NATIONAL
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I. A SUMMARY 3 In dealing with disp
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I. A SUMMARY 5 report is used as a
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ClIAPTE11 It THE NATIONAL LABOR REL
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II. THE NATIONAL LABOR RELATIONS ;
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III. STATISTICAL RECORD OF BOARD AC
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Ill. ,STATISTICAL RECORD OF BOARD A
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Metal mining Coal mining Crude petr
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TABLE 1 1.-Number of cases and numb
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Cases closed otherwise Cases closed
Page 40 and 41: Cases closed by compliance with int
Page 42 and 43: By consent election By pay-roll che
Page 44 and 45: TABLE 19.-Number of elections and p
Page 46 and 47: C. I. 0. alone I A. F. L:C. I. 0 2
Page 48 and 49: IV. PRINCIPLES ESTABLISHED 41 in wh
Page 50 and 51: IV. PRINCIPLES 'ESTABLISHED 43 of o
Page 52 and 53: IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
Page 56 and 57: 1V.. PRINCIPLES ESTABLISHED 49 of t
Page 58 and 59: IV. PRINCIPLES ESTABLISHED 51 agree
Page 60 and 61: IV. PRINCIPLES ESTAISLISUEL-ED 53 A
Page 62 and 63: IV. PRINCIPLES 'ESTABLISHED 55 I. I
Page 64 and 65: IV. PRINCIPLES ESTABLIS'HED 57 dict
Page 66 and 67: IV. PRE\rCIPLES ESTABLISHED 59 the
Page 68 and 69: IV. PRINCIPLES 'ESTABLISHED 61 vote
Page 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
Page 74 and 75: ni. PRINCIPLES ESTABLISHED 67 4. MU
Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
Page 78 and 79: IV. PRINCIPLES ESTABLISHED 71 not b
Page 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
Page 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
Page 84 and 85: I V. PRINCIPLES ESTABLISHED 77 more
Page 86 and 87: IV. PRINCIPLES ESTABLISHED 79 emplo
Page 88 and 89: V. JURISDICTION 81 and outgoing int
Page 92 and 93: VI. LITIGATION 85 parties constitut
Page 94 and 95: • VI. LITIGATION 87 B. PRINCIPLES
Page 96 and 97: VI. LITIGATION 89 Antiunion stateme
Page 98 and 99: VI. LITIGATION 91 when none is in e
Page 100 and 101: VI. LITIGATION 93 flict of opinion
Page 102 and 103: VI. LITIGATION 95 Lion. The Board's
Page 104 and 105: VI. LITIGATION 97 Court ruled that
Page 106 and 107: VI. LITIGATION 99 rial ; 32 to refu
Page 108 and 109: VI. LITIGATION 101 Other procedural
Page 110 and 111: VI. LITIGATION 103 D. SPECIAL LITIG
Page 112 and 113: VI. LITIGATION 105 B. APPLICATION O
Page 114 and 115: APPENDIX A REGIONAL OFFICES—LOCAT
Page 116 and 117: APPENDIX A Region 11, Architects In
Page 118 and 119: APPENDIX B CASES HEARD DURING THE F
Page 120 and 121: APPENDIX B 113 Jackson Cookie Co.,
Page 122 and 123: APPENDIX B 115 Western Printing Co.
Page 124 and 125: APPENDIX B 117 Chrysler Corporation
Page 126 and 127: APPENDIX B 119 Hardy Mfg. Co., owne
Page 128 and 129: APPENDIX B 121 Missouri Rolling Mil
Page 130 and 131: APPENDIX B 123 Selznick Internation
Page 132 and 133: APPENDIX B 125 Westinghouse Electri
Page 134 and 135: APPENDIX C 127 Vol. No. Fletcher Pa
Page 136 and 137: APPENDIX C 129 Vol. No. Texarkana B
Page 138 and 139: APPENDIX C 131 Vol. No. Sanderson,
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APPENDIX c 133 Vol. No. Cambridge I
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APPENDIX C 135 Vol. No. Gliden Buic
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APPENDIX C 137 Vol. No. Lowenstein
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APPENDIX C 139 Vol. No. Radio Wire
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APPENDIX C 141 Vol. No. Universal P
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APPENDIX C 143 Vol. No. General Mot
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APPENDIX D 145 Valley Mould CC Iron
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APPENDIX D 147 (b) Board orders enf
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APPENDIX D 149 Circe-Simplex Corp.,
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APPENDIX D 151 Seventh Circuit B. Z
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APPENDIX D 153 Pacific Grape Produc
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APPENDIX D 155 Eighth Circuit N. L.
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