J. - National Labor Relations Board

116 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDcharged and later ejected from the factory after violent resistance.Upon resumption of activities a second company-dominated unionwas formed. Reversing the lower court, which had set aside theentire order, the Supreme Court affirmed the Board's findings as tothe unfair labor practices of the company and enforced. the disestablishmentand the general cease and desist 'provisions of the order.The Supreme Court denied reinstatement to the strikers, holdingthat this would not effectuate the policies of the act, in view of theirseizure and retention of possession of the factory. The bargainingsection was also set aside on the ground that the replacement of thedischarged strikers destroyed the union's majority upon resumptionof operations.N.L.R.B. v. SandsMfg.Co., 306 U. S. 332, affirming 96 F. (2d) 721,(C. C. A. 6), setting aside Matter of Sands Mfg. Co. and MechanicsEducational Society of Amer., 1 N. L. R. B. 546. Here the Boardfound that the company and the union had bargained to an impasseeconcerning the interpretation of their contract. After a brief shutdown,which the company asserted was caused by union demands inbreach of the contract, the plant was reopened with members of a secondunion. Thereafter the first union asked and was denied a bargain-.ing conference. The Supreme Court affirmed a lower court decisionwhich set aside the Board's order, holding that the employees had beenjustifiably discharged for breach of contract, and that there was noviolation of the act in refusing to bargain with the union as it hadlost its majority status, following the impasse, due to a valid replacementof the discharged employees.2. CIRCUIT COURT Or APPEALS CASESDuring the present fiscal year 38 cases were decided by the severalcircuit courts of appeals which involved petitions to enforce or setaside orders of the Board. Two of the cases, N. L. R. B. v. Fainblatt,et al. and Fansteel Metallwrgical Corp. v. N. L. R. B. were subsequentlyreviewed by the Supreme Court and have been consideredabove. In the balance of the cases orders of the Board were sustainedin full in 12 instances, modified and enforced in 17, and were set asidein the remaining 9 cases. These decisions of the circuit courts (listedinfra, p. 139) are summarized in the succeeding pages.SECOND CIRO UiiBallston-Stillwater Knitting Co., Inc. v. N. L. R. B., 98 F. (2d)758, setting aside Matter of Ballston-Stillwater Knitting Co., Inc. andTextile Workers Org. Corn., 6 N. L. R. B. 470. In this case the Courtset aside an order of the Board disestablishing an "inside" union,principally on the ground that the leaders in its organization were notof supervisory status. Reinstatement provisions or the order were alsoset aside.N. L. R. B. r. Hopwood Retinninp Co., Inc. and Monarch RetinningCo., Inc., 98 F. (2d) 97, enforcing as modified, Matter of HopwoodRetinning Co., Inc., and Monarch Retinning Co., Inc. andMetal Polishers, Buffers, Platers and Helpers Int. Union Local No. ' 8,and Teamsters Union, Local No. 584, 4 N. L. R. B. 922. In this casethe Board found that the Hopwood company locked out its em-