J. - National Labor Relations Board

IX. LITIGATION 123Court held that the conduct of the trial examiner had been improperand remanded the case for a new hearing.Wilson & Co., Inc. v. N. L. R. B., 103 F. (2d) 243, enforcing asmodified, Matter of TYTilson& Co., Inc.. and Inst. Union of All Workersor its successor United Packing Howse Workers, 7 N. L. R. B.986. The Court here enforced an order of the Board requiringdisestablishment of an employees' representation plan found to havebeen established and supported by the company. A portion of theorder requiring reinstatement of an employee found to have beendiscriminatorily discharged was set aside by the Court.NINTH CIRCUITN. L. R. B. v. Biles-Coleman Lumber Co., 98 F. (2d) 18, enforcingMatter of Biles-Coleman Lumber Co. and Puget Sound DistrictCouncil of Lumber and Sawmill Workers, 4 N. L. R. B. 679. Herethe company refused to recognize the representative of its employeesor bargain with it and a strike followed. After various maneuversto discredit the union, including a poll of the individual strikers, theplant was reopened with the aid of employees newly hired. TheCourt enforced the Board's order in its entirety, requiring bargainingwith the union and reinstatement of the strikers with back payfrom date of refusal of application for reemployment.16In- N. L. R. B. v. Carlisle Lumber Co., 99 F. (2d) 533, certioraridenied, 306 U. S. 646, enforcing Matter of Carlisle Lumber Co. andLumber & Sawmill Workers' Union, Local 0511, Onalaska, Wash.,and Associated Employees of Onalaska, Inc., 2 N. L. R. B. 248, the.court enforced without modification a Board order relating to backpay, in accordance with recommendations made by the Board as aresult of supplementary hearings held in the case. Previously the.court had enforced all but the back pay provisions of the order.17N. L. R. B. v. William Randolph Hearst, Hearst Publications, Inc.,.Hearst Consolidated Publications, Inc., Hearst Corp., American Newspapers,Inc., and King Features, Inc., 102 F. (2d) 658, enforcing Matterof Hearst, et al., and Amer. Newspaper Guild, Seattle Chapter, 2N. L. R. B. 530, involved unfair labor practices occurring on the SeattlePost-Intelligencer, published by an operating subsidiary of the Hearst-newspaper chain. The Court sustained the Board's jurisdiction overthe parent respondents upon the grounds that they acted for theoperating subsidiary and thus fell within the scope of the term "employer"as defined in section 2 (2) of the act. _Negative provisionsof the Board's order were sustained against all respondents, and theoperating subsidiary was required to reinstate with back pay an employeedischarged for union activity. Back pay owing a second employeewho had been discharged for union activities but who had died.subsequent to th@ Board's order was ordered paid over to the latter'spersonal representative or other persons entitled to it.N. L. R. B. v. Idaho-Maryland Mines Corp., 98 F. (2d) 129, setting-aside Matter of Idaho-Maryland Mines Corp. and Int. Union of Mine,16 Two previous attempts of respondents to delay consideration of the Board's orderwere resolved in favor of the Board. N. L. R. B. v. Bites-Coleman Lumber Co., 96 F. (2d)197 (C. C. A. 9), application for leave to adduce additional testimony denied ; N. L. R. B.v. Bites-Coleman Lumber Co., 98 F. (2d) 16 (C. C. A. 9), petition for issuance of commissinusor for leave to adduce additional testimony, and motion to compel answer toaffirmative defense. denied.1T N. L. R. B. v. Carlisle Lumber Co., 94 F. (2d) 138 (C. C. A. 9), certiorari denied, 30413. S. 575.192197-40-9