J. - National Labor Relations Board

IX.. LITIGATION 121which had gained a majority in its plant. Relying upon a poll conductedby itself, the management refused to bargain with the unionand set up a company union when the workers went on strike. TheCourt enforced a Board order requiring -the company to bargain withthe union, to reinstate strikers and an employee discharged forunion activity, and to disestablish the dominated organization. Subsequentto the Board's order, one partner died, but the Court ruledthat this did not relieve the surviving partner of his duty to complywith the Board's order.N. L. R. B. v. Louisville Refining Co., 102 F. (2d) 678, enforcingas modified, Matter of Louisville Refining Co. and Int. Assn. Oil, GasWell and Refinery Workers of Amer., 4 N. L. R. B. 844. 1° In this casethe company refused to deal with the representatives of its employeesand discharged the principal officers and committeemen of the union.The Board's order, requiring the company to reinstate these men andto bargain with the union, was enforced by the Court with modificationonly of the form of notice to be posted.SEVENTH CIRCUIT '1N. L. R. B. v. The Falk Corp., 102 F. (2d) 383, enforcing Matter ofThe Falk Corp. and Anvil. Ass'n of Iron, Steel and Tin Workers ofNo. Amer. Lodge 1528, 6 N. L. R. B. 654, involved the validity of aBoard order disestablishing an independent union formed with theassistance and encouragement of the company. Upon reviewing theevidence the Court sustained the Board's findings and enforced itsorder without modification 12Jefferson Electric Co. v. N. L. R. B., hit. Brotherhood of ElectricalWorkers v. N. L. R. B., 102 F. (2d) 949, setting aside Matter of Jeff ersonElectric Co. and anited Electrical and .Radio Workers of Amer.,8 N. L. R. B., 284. Here the Board found that the company grantedrecognition and a closed-shop contract to one union during a membershipdrive on the part of a second. The Board found Sat the companyhad illegally favored the former and ordered the abrogation ofits contract, the withdrawal of recognition, and the reinstatement ofseveral discharged employees. The Court set aside the order, holdingthat the preference which the company had shown toward the firstunion was not sufficient to violate the act, and that it had also extendedcooperation to the second.EIGHTH CIRCUITN. L. R. B. v. Crowe Coal Co., 104 F. (2d) 633, enforcing Matterof Crowe Coal Co. and United Mine Workers of Amer., District No.14, 9 N. L. R. B. 1149. 18 The company in this case stipulated asto its unfair labor practices, contesting only the jurisdictional issue.10 Certiorari denied, October 9, 1939.11 As the Supreme Court decision in Fansteel Metallurgical Corp. v. N. L. R. B. is summarizedon p. 114, a discussion of the Circuit Court decision is omitted here./. As part of its order the Board directed that an election to determine bargaining representativesbe held after the effects of respondent's unfair labor practices had been dissipatedthrough compliance with the order. On July 13, 1939. the Court entered a decreewhich modified the Board's order to permit the disestablished union to appear upon theballotin any subsequent election held to determine bargaining representatives of theemployees. The Board's petition for writ of certiorari to review this decision was grantedNovember 13, 1939.DJ Certiorari denied, October 9, 1939.