J. - National Labor Relations Board

IX. LITIGATION 119-which they formerly had had with the company. 7 The notice provisionof the order was also modified. Mooresville Cotton Mills v.V. L. R. B., 97 F. (2d) 959.N. L. R. B. v. Nebel Knitting Co., Inc., 103 F. (2d) 594, enforcingas modified, Matter of Nebel Knitting Co., Inc. and Amer. Fed. of_Hosiery Workers, 6 N. L. R. B. 284. In this case the Board foundthat the company attempted to prevent organization of its employeesby expressed opposition and threats to union members, together withthe discharge of six employees for their union activities. The Court'enforced the Board's order requiring reinstatement and back payfor these employees, with modification only of the notice ordered-posted.Newport News Shipbuilding and Dry Dock Co. v. N. L. I?. B.,101F. (2d) 841, enforcing as modified, Matter of Newport News Shipbuildingand Dry Dock Co. and Ind. Union of Marine and Ship-.building Workers of Amer., 8 N. L. R. B. 866. Here the Boardfound that the company had dominated and supported an employees'representation plan. Following the Jones and Laughlin decision s-the company altered its relations to the plan but retained a veto.power over amendments to its organic law and any action taken by.it. The Court enforced the cease and desist provisions of the Board's'order but refused disestablishment, finding that the company had so:revised its relations with the plan that the latter was no longer'dominated, relying in part upon statements of counsel not part ofthe record that the veto provisions had been eliminated subsequent-to the Board's order.saVirginia Ferry Corp. v. N. L. R. B., 101 F. (2d) 103, enforcingas modified, Matter of Virginia Ferry Corp. and Masters, Mates andPilots of Amer., No. 9 and Int. Seamen's Union, 8 N. L. R. B. 730.Here the Board found that company officers formed a bargaining-committee for the employees and distributed ballots for bargaining:representatives upon which only officers' names appeared. The Boardfound the company responsible for such action and its order requiringthe disestablishment of the committee was enforced by the Court,:modified only as to the form of notice ordered posted.FIFTH CIRCUITN. L. R. B. v. Bell Oil & Gas Co., 98 (2d) 406, rehearing denied,:08 F. (2d) 870, setting aside Matter of Bell Oil & Gas Co. and LocalUnion 258 of Int. Ass'n of Oil Field, Gas Well & Ref. Workers of.AMer., et al., 1 N. L. R. B. 562. In this case the Court, upon the_ground of lack of sufficient supporting evidence, set aside an order ofthe Board requiring the reinstatement of three employees whom theBoard found were refused employment, following a strike, because of-their union activities.Globe Cotton Mills v. N. L. R. B., 103 F. (2d) 91, enforcing as modi--fied, Matter of Globe Cotton Mills and Textile Workers Org. Corn,.,7 The Board, although not agreeing that it does not have power to order reinstatementof a discharged employee who later obtains substantially equivalent employment elsewhere,has since found the employment here insufficient to meet the requirements of section2 (3) of the act. Mattes of Mooresville Cotton Mills and Local No. 1221., United TextileWorkers of Amer., 15 N. L. R. B., No. 43.°N. L. R. B. v. Jones 4 Laughlin, 301 U. S. 1." On December 4, 1939 the Supreme Court reversed the lower court and enforced theBoard's order in full.