NATIONAL LABOR RELATIONS BOARD

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VI. LITIGATION 85 parties constituted a refusal to bargain collectively within the meaning of section 8 (5) of the Act. In addition to enforcing the Board's bargaining order, the Court sustained also a provision directing disestablishment of a company-dominated union. The Court held that the employer was responsible for unauthorized activities of minor supervisors in promoting the union. Pittsburgh Plate Glass Co. v. N. L. R. B., 313 U. S. 146, affirming 113 F. (2d) 698 (C. C. A. 8), which enforced Matter of Pittsburgh. Plate Glass Company and Federation of Flat Glass Workers of America, affiliated with C. I. 0. ' 15 N. L. R. B. 515. In this case a Board bargaining order was enforced, the Supreme Court holding that the evidence adequately supported the Board's determination that a division-wide unit was appropriate for collective bargaining despite the desires of a majority of employees in one plant that this plant be not included in the wider unit. The constitutionality of the provisions of the Act which authorize the Board to determine the appropriate unit was expressly upheld. The Court also upheld the Board on procedural aspects of the case, including the Board's action in refusing to receive testimony at the unfair labor practice hearing under section 10, that could have been presented at the precedent representation hearing under section 9 which resulted in certification of the bargaining agent. N. L. I. B. v. White Swan Co., 313 U. S. 23, dismissing certificate filed by United States Circuit Court of Appeals for the Fourth Circuit, and remanding to it Matter of White Swan Company and Amalgamated Clothing Workers of America, Cleaners, Dyers and Laundry Workers ' Local 308, 19 N. L. R. B. 1079. In this case the Supreme Court refused on procedural grounds to pass on a question certified to it by the Fourth Circuit concerning the Board's jurisdiction over laundry operations which the circuit court characterized as "local business".2 Republic Steel Corp. v. N. L. R. B., 311 U. S. 7, modifying 107 F. (2d) 472 (C. C. A. 3), which enforced as modified Matter of Republic Steel Corporation and Steel Workers Organizing Committee, 9 N. L. R. B. 219. The Supreme Court held that the Board was without power to require the employer to reimburse governmental work-relief agencies for work-relief monies received by employees who had been discriminatorily discharged, even though such monies were deducted by the employer in computing the amount of back pay due from the employer to the employees. The back-pay -provisions of the Board's were modified accordingly.3 Phelps Dodge Corp. v. N. L. R. B. ' 313 U. S. 177, modifying and remanding 113 F. (2d) 202 (C. C. A. 2), which enforced as modified Matter of Phelps Dodge Corporation and International Union of Mine, Mill and Smelter Workers, Local No. 30, 19 N. L. R. B. 547. In this important case, the Supreme Court held that an employer's refusal to hire persons because of union affiliation was an unfair labor practice under section 8 (3) of the Act, and upheld the Board's order directing the employment of such persons with compensation for lost 'The Fourth Circuit thereafter held that the Board had jurisdiction, and enforced the Board's order as modified. 118 F. (2d) 1002 (C. C. A. 4). 3 The work-relief provisions were the only part of the case reviewed by the Supreme Court. Theretofore, by denying certiorari as to the balance of the case (310 U. S. 655). the Supreme Court left intact the other provisions of the Board's order as modified and enforced by the circuit court of appeals.
86 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD wages. The Court sustained also the Board's power to direct reinstatement even where the persons discriminated against had thereafter obtained substantially equivalent employment but remanded that part of the case to the Board for exercise of its judgment whether such reinstatement would effectuate the policies of the Act. The Court further held that, for the purpose of computing back pay, the employer should be allowed to go to proof on the issue of losses willfully incurred by the employees, and remanded the case for that purpose also. Continental Oil Co. v. N. L. R. B., 313 U. S. 212, remanding 113 F. •(2d) 473 (C. C. A. 10), which enforced as modified Matter of Continental Oil Company and Oil Workers in,ternational Union, 12 N. L. R. B. 789. This case raised the same issue as the Phelps Dodge case, supra, on the question of the Board's power to direct reinstatement of persons who had secured substantially equivalent employment. The Court upheld the Board's power but, as in the Phelps Dodge case, directed a remand for exercise of the Board's judgment whether such reinstatement would effectuate the policies of the Act. N. L. R. B. v. Express Publishing Co., 312 U. S. 426, modifying 111 F. (2d) 588 (C. C. A. 5), which enforced as modified Matter of Express Publishing Company and San, Antonio Newspaper Guild, 13 N. L. R. B. 1213. Here the Supreme Court held that, upon sustaining Board findings of unlawful refusal to bargain, it was error for the lower court to refuse to enforce the Board's order requiring the employer to cease and desist from such refusal. The Supreme Court modified, however, the additional cease and desist provision of the Board's order cast in the general language of section 7 of the Act, holding that it was too broad in the circumstances of this case. The Court recognized that in appropriate circumstances such a general cease and desist provision is proper. 2. Crrecuir COURTS OF APPEALS CASES The various circuit courts of appeals rendered 124 decisions on Board orders in unfair labor practice cases, which is an increase of approximately 97 percent over the 63 decisions rendered in the prior year and is an increase of about 226 percent over the 38 decisions rendered in 1939. Of the cases denied in the present fiscal year, Board orders were enforced in full in 65 cases, and were enforced as modified in 36 cases. In 23 cases, Board orders were set aside, although in 3 decisions, the cases were remanded to the Board for further proceedings; in one case the proceedings were remanded by the Supreme Court to the Court below for the redetermination of the case on the record as certified by the Board; in another, the case was settled prior to the Board's filing of a petition for certiorari; and in still another, the case was reopened on motion of the Court and resulted in a modification of the Board's order. 7 A summary of the principles established in the foregoing cases appears below. 4 N. L. R. B. v. Ann Arbor Press, 117 F. (2d) 786 (C. C. A. 6) ; Car/ Jacobsen, et al. v. N. L. R. B., 120 F. (20) 96 (C. C. A. 3) ; N. L. R. B. V. Washington Dehydrated Food Co., 118 F. (2d) 980 (C. C. A. 9). 'N. L. R. B. v. Foote Bros. Gear & Mach4ne Co., 311 U. S. 620, remanding 114 F (20) 611 (C. C. A. 7). Foote Bros. Gear & Machine Co. v. N. I,. It. B.. 121 F. (20) 802 (C. C. A. 7). 7 N. L. R. B. v. Newark Morning Ledger Co., 120 F. (20) 262 (C. C. A. 3), reopened on February 7, 1941.
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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
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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
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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 90 and 91: CHAPTER VI LITIGATION A decided inc
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,
Page 140 and 141: 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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