J. - National Labor Relations Board

124 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDMill and Smelter Workers of Amer., Local 283, 4 N. L. R. B. 784.This case concerned the unfair labor practices of a company operatingmines in California from which gold was shipped to the UnitedStates Mint in San Francisco. The Board based its jurisdiction principallyupon findings that the gold was shipped out of California afterrefining at the mint, and that gold constitutes the "lifeblood" of commerce.The Court set aside the Board's order, holding that suchoperations did not affect commerce within the meaning of the act.M & M Wood Working Co. v. N. L. R. B., 101 F. (2d) 938, settingaside Matter of M & M Wood Working Co. and Plywood and VeneerWorkers Union Local No. 102, 6 N. L. R. B. 372. This case concerneda shift of the employees involved from one nationally affiliated unionto another, shortly after which a new local of the original union wasestablished. Membership in the new local was thereupon requiredof all employees by the company, which based its actions on a closedshopcontract previously executed with the original union. TheBoard found this to be a violation of section 8 (3) of the act, but theCourt set aside the order as not being supported by the evidence.N. L. R. B. v. National Motor Bearing Co., me. Ass'n of Machinists,105 F. (2d) 652, enforcing as modified Matter of National MotorBearing Co. and int. Union, United Autoniobile Workers of Amer.Local No. 76, 5 N. L. R. B. 409. Here the Board found that the companythrough its supervisors, promoted the interests of one unionover another and locked out the employees when they refused toshift their affiliation. Upon resumption of operations it entered int&a closed-shop contract with the favored union although the first unionwas the majority representative of the workers. The Court enforcedthe Board's order requiring reinstatement with back pay, bargainingwith the first union, and abrogation of the closed-shop contract.Provisions relating to surveillance and reinstatement of employees.who had found other employment were modified.N. L. R. B. v. Union Pacific Stages, Inc.,.99 F. (2d) .153, rehearing,denied, January 9 1939, setting aside in part, Matter of Union Pacific.Stages, Inc. and Amal. Ass'n of Street, Electric Ry. and Motor CoachE',mp?oyees of Amer. Local Div. 1055, 2 N. L. R. B. 471. In this casethe. Board found that the company had engaged in an antiunionprogram which culminated in the discharge of two employees fortheir union -activities. The Court sustained only the findings of theBoard which related to threatening statements on the part of companysuperintendents and set aside the order except for the provision requiringthe posting of notices to cease and desist from such practices.TENTH CIRCUITSwift & Co. v. N. L. R. B. 106 F. (2d) 87, enforcing as modified,Matter of Swift & Co. and Agnal. Meat Cutters and Biatcher Workmenof No. Amer., Local No.641, and United Packing House Workers LocalInd. Union No. 300, 7 N. L. R. B. 269. In this case the Court enforcedan order requiring disestablishment of a company union, found by theBoard to have been formed and supported by the company. Thenotice provision of the order was modified.18Rehearing denied, August 4, 1939.