1943 - National Labor Relations Board

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Enforcement Litigation 63of the Board's order. Failure to comply with the decree of the courtis then deemed contempt and the subject of summary punishment.The Board alone may commence contempt proceedings Closelyrelated to contempt proceedings, both in purpose and procedure, arecompliance proceedings, in which the court which issues the enforcementdecree is invoked to settle issues arising in the course of compliancewith the court decree.The Board's record of success in litigation involving enforcementor review is duplicated in its contempt and compliance litigationrecord. By the end of the fiscal year, a total of 57 contempt cases hadbeen filed since the inception of this type of litigation in 1938. Ofthese, 54 cases were concluded. In 18 cases, or one-third, the Boardobtained compliance by the employer before court decision. Of thecases disposed of by court action, in 24, or two-thirds, the employerwas adjudged in contempt, and in 12, or one-third, the Board'spetition was denied. During the fiscal year 1943, of a total of 20cases, 17 were concluded. The Board obtained compliance in 8 casesprior to court decision. Of the cases disposed of by court action,in 7 there was an adjudication in contempt, while in 2 the Board'spetition was denied.Compliance, noncontempt litigation presents a parallel record.A total of 13 cases have been involved since the inception of this typeof litigation in 1938. In 9 cases, the Board's position was upheld.In 1 case, the Board's petition was denied. Three cases are pending.During the fiscal year 1943, in 3 cases the Board's position was sustained,while in 1 case the Board's petition was denied.Though, numerically, cases involved in enforcement proceedings,and even more so those involved in contempt proceedings, are few incomparison to the total number of cases handled by the Board, theyare significant since they crystallize in decisions of the Federal courtsthe law of labor relations. The decisions of the Board, reflectingday-to-day application of the Act, together with the interpretationsof the Act embodied in decisions of the courts, constitute an authoritativeguide in labor relations. They provide a solid basis for theever-growing acceptance by employers, employees, and the publicof the collective bargaining process.SUPREME COURT DECISIONSNational Labor Relations Board v. Southern Bell Telephone & TelegraphCo., 319 U. S. 50, reversing 129 F. (2d) 410 (C. C. A. 5). Inthis case the employer challenged the Board's evaluation of the effectof company domination of a labor organization imposed upon employeesprior to passage of the Act. The Supreme Court, in reversingthe circuit court, held that there was substantial evidence in therecord to support the Board's findings that unfair labor practiceshad been committed and that therefore these findings were conclusiveand binding upon the reviewing court. Specifically, the Court
64 Eighth Annual Report of the National Labor Relations Boardsustained the Board's order of disestablishment of a companydominatedunion as a collective bargaining representative where,although the company domination antedated the Act, the Board foundthat its effect had not been dissipated by reorganization of the companyunion after the Act became effective.In Virginia Electric & Power Co. v. National Labor Relations Board,63 S. Ct. 1214, affirming 132 F. (2d) 390 (C. C. A. 4), the SupremeCourt affirmed the power of the Board to require an employer toreimburse employees for dues checked off and paid over to a companydominatedlabor organization.In Marshall Field & Co. v. National Labor Relations Board, 318U. S. 253, affirming 129 F. (2d) 169 (C. C. A. 7), the Supreme Courtsustained an order of the Board which disallowed the deduction ofunemployment benefits from back pay awarded to an employeediscriminated against in violation of the Act. The Supreme Courtheld that unemployment benefits were not earnings and thus couldnot be deducted under the usual provision in an order permitting thededuction of earnings. The Court did not pass upon the questionof whether unemployment benefits were otherwise deductible 'becausethis issue had not been raised in the proceedings before the Board, butcontrary to the provisions of Section 10 (e) of the Act, had been raisedby the employer for the first time before the Circuit Court of Appeals.In National Labor Relations Board v. Indiana & Michigan ElectricCo., 318 U. S. 9, the Supreme Court by a majority decision remandedthe case to the Board for the purpose of permitting the introduction ofevidence offered by the employer to show that material witnesses,upon whose evidence the Board relied, had been convicted of felonies,and to show that violence and dynamiting occurred concurrentlywith the Board proceeding, thus intimidating witnesses and preventinga fair hearing. The Court held that although misconduct of thecharging union would not have deprived the Board of jurisdiction inthe case, the excluded evidence should have been received by theBoard in order that it ascertain whether its process had been subjectedto abuse.CIRCUIT COURTS OF APPEALS DECISIONSSome of the more noteworthy decisions of Circuit Courts of Appealsinvolving the Act during the fiscal year include the following:In National Labor Relations Board v. Bank of America, 130 F. (2d)624 (C. C. A. 9), cert. denied 318 U. S. 791, the Court sustained theBoard's assertion of jurisdiction over a bank doing an interstatecommercial banking business. •In Polish National Alliance v. National Labor Relations Board, 136F. (2d) 175 (C. C. A. 7), October 11, 1943, cert. granted limited to thejurisdictional issue, the Act was held applicable to a fraternal benefitsociety which engaged in a commercial life insurance business throughoutthe United States. The Court also held that in order to encourageemployees to resort to the administrative remedies of the Act rather
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EIGHTH ANNUAL REPORTOF THENATIONAL
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NATIONAL LABOR RELATIONS BOARDH. A.
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THE NATIONAL LABOR RELATIONS BOARD
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The N. L. R. B. in the War 3The War
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The N. L. R. B. in the War 5closed.
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The N. L. R. B. in the War 7current
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The N. L. R. B. in the War 9involvi
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The N. L. R. B. in the War 11secret
Page 20 and 21: Organizational and Administrative D
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Page 24 and 25: IIIA STATISTICAL ANALYSIS OF CASES.
Page 26 and 27: Statistical Analysis of Cases Filed
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Page 68 and 69: Enforcement Litigation 61all interm
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Page 76 and 77: Studies of the Results of Board Act
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Appendix B. List of Cases Heard Dur
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APPENDIX CLIST OF CASES IN WHICH TH
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Appendix C. Decisions Rendered Duri
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Appendix. C. Decisions Rendered Dur
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Borg-Warner CorpBrennan, P., CoBurn
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APPENDIX DSUMMARY OF LITIGATION FOR
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Appendix D. Summary of Litigation 1
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Appendix D. Summary of Litigation.
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Appendix D. Summary-of Litigation 1
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APPENDIX ENATIONAL LABOR RELATIONS
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WAR LABOR DISPUTES ACT 1AN ACTRelat
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APPENDIX FThese Rules and Regulatio
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APPENDIX GREGIONAL OFFICESFirst Reg
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Appendix G. Regional Offices 239emu
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Appendix G. Regional Offices 241DIM
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Appendix G. Regional Offices 247
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LIST OF TABLESTables Appearing in T
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1943 - National Labor Relations Board

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