J. - National Labor Relations Board

122 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDThe Court sustained the Board's jurisdiction over the company, op-.erating a Missouri coal mine, upon findings that over 12 percent ofits total production were sold directly in interstate commerce and that..24 percent was sold to interstate railroads. The Board's order requiringthe reinstatement of four discharged employees with backpay was accordingly enforced.In Cudahy Packing Co. v. N. L. R. B., 102 F. (2d) 745, enforcingMatter of Cudahy Packing Co. and Packinghouse Workers Local Ind.-Union No. 62, 5 N. L. R. B. 472, the Court sustained a Board orderrequiring the company to disestablish an independent union found tohave been illegally assisted and dominated by it, to cease giving effect-to a contract with the independent union, and to reinstate with back:pay an employee found to have been discharged for union activities.Other than redefining the term "disestablishment" and adding certainmatters to the notice ordered posted, the Court enforced the Board's.order in its entirety.14Hamilton-Brown Shoe Co. v. N. L. R. B., Boot & Shoe WorkersUnion v. N. L. R. B., 104 F. (2d) 49, enforcing as modified, Mattel'?.of Hamilton-Brown Shoe Co. and Local No. 125, United ShoeWorkers of Amer., 9 N. L. R. B. 1073. Here the Board found thatthe company discharged a large number of union members during aslump in business in an effort to prevent organization of its employees,.and it aided the establishment of a company union and entered intoa closed-shop contract with it which resulted in the discharge of-further union members. The Court enforced in full the Board's order:requiring disestablishment of the company union and reinstatementwith back pay of the discharged employees. The Court upheld theBoard's finding that the company had improperly refused to bargainwith the union but withheld enforcement of the portion of the Board's'order based on such refusal pending an election to determine whetherit continued to represent a majority of the employees.15N. L. R. B. v. Christian A. Lund, doing business as C. A. LundCo. and Northland Ski Mfg. Co., 103 F. (2d) 815, enforcing Matter.of C. A. Lund, et al., 6 N. L. R B. 423. In this case the Boardfound that respondents refused to bargain with the union desig--nated by their employees and formed a company union in opposition-to it. After the discharge of two union officers the workers went-on strike. The Court upheld the Board's finding that employeesat the two plants involved constituted a single unit for bargainingpurposes and enforced its order requiring disestablishment, rein--statement of the discharged employees, bargaining with the. unionand posting of notices. The case was remanded for a furtherhearing on the reinstatement of the strikers.Montgomery Ward & Co., Inc., v. N. L. R. B., 103 F. (2d) 147,:setting aside and remanding Matter of Montgomery Ward & Co.,and United Mail Order and Retail Workers of Amer., 4 N. L.R. B. 1151. Here the Board ordered the reinstatement of two employeesfound to have been discriminated against because of theirunion activities. Without passing upon the merits of the case the14 Certiorari denied. October 9. 1939.15 Rehearing denied July 24, 1939.