J. - National Labor Relations Board

IX. LITIGATION 125B. MISCELLANEOUS COURT PROCEEDINGSIn addition to the normal litigation involving the enforcement orreview of its orders the Board has engaged during the fiscal year ina small amount of miscellaneous litigation.The largest number of such cases arose out of proceedings undersection 9 (c) of the act which provides for the investigation and certificationof representatives for the purpose of collective bargaining.In three cases during the year suits were brought for mandatory injunctionsto compel certification of representatives, two being dismissedand one quashed. 16 Two cases involving suits to review Boardcertifications also occurred during the fiscal year. In Amer. Fed. ofLabor v. N. L. R. B., 103 F. (2d) 933 (C. A. D. C.), a petition forreview of a Board certification was dismissed on the ground that sucha determination by the Board was not an appealable order. 2° In thiscase the Board certified bargaining representatives for longshoremenemployed on the Pacific coast and united in one unit some 200 employerswho operated in the different ports in this area. 21 In Libbey-Owens-Ford Glass Co. v. N. L. R. B., May 10, 1939 (C. C. A. 6), aBoard motion for dismissal of a petition to review its certificationwas denied. 22 A rehearing in the matter has been withheld pendingthe outcome of the Longshoremen's case in the Supreme Court.In four cases during the fiscal year efforts were made to reviewor stay of directions of election ordered by the Board under Section9 (c) of the Act. In all but one the Board's contention that theCourt was without jurisdiction to take such action was sustained.26In the fourth, International Brotherhood of Electrical Workers v.N. L. R. B., 105 F. (2d) 598 (C. C. A. 6), the circuit court of appealsheld that it had jurisdiction to review a direction of a run-off electionand set aside the Board's order.24In mid. Molders Union. v. N. L. R. B., 26 F. Supp. 423 (E. D. Pa.)a suit to compel vacation of an order of the Board dismissing apetition under section 9 (c) of the Act was dismissed for lack ofjurisdiction.During the fiscal year one adjudication of contempt was obtainedby the Board for noncompliance with a Court decree enforcing itsorder. 25 A second petition for a contempt citation was pending onJune 30, 1939.26Attempts to inquire into Board methods of decision through interrogatoriesor depositions were made in three cases during the year;in each case the application was demed. 27 Two other such cases werepending at the close of the year.2812 Amer. Fed. of Labor and Fed. Labor Union No. 21164 v. N. L. R. B. (D. C. D. C.No. 67810) ; Amer. Fed. of Labor and Fed. Labor UniondocketNo. 21164 V. N. L. R. B. 'D. C., docket No. 434) ; Amer. Fed. of Labor and Fed. Labor Union No. 21164(D. C.v. N. L. R. B.(a. C. D. C., docket 552).Certiorari granted. Oct. 9, 1939.= Matter of Shipowners' Ass'n of the Pacific Coast et al. and Int. Longshoremen's andWarehousemen's Union, District No. 1. 7 N. L. R. B. 1002.22 Matter of Libbey-Owens-Ford Glass Co. and Fed. of Flat Glass 'Workers of Amer.,10 N. L. R. B. 1470.=Armour cE Co. v. N. L. R. B., 105 F. (2d) 1016 (C. C. A. 7) ; CupPleS Co. Mrrs v.N. L. R. B., 103 F. (2d) 953 (C. C. A. 8) ; Metropolitan Engineering Co. v. N. L. R. B.,stay denied, Aug. 12, 1938 (C. C. A. 2).24 Matter of Consumers Power Co. and Int. Brotherhood of Electrical Workers, 12N. L. R. R. 848: the Board's netition for certiorari granted. Oct. 9. 1939.= N. L. R. B. v. Hopwood Retinning Co., Inc., and Monarch Retinning Co., Inc., 104F. (2d) 302 (C. C. A. 2).N. L. R. B. v. Eavenson & Levering Co. (C. C. A. 3; Board petition denied, Aug.192.739ċupp les Co. Mf'rs. V. N. L. R. B., 103 F. (2d) 953 (C.. C. A. 8);N L. Inland Steel Co.R . B., 105 F. (2d) 216 (C. C. A. 7) : N. L. R. B. v. v.Louisville Refining Co.,(id) 648 (C. C. A. 6), cert. denied, Oct. 9, 1939, order of May 3. 1939.109 F.28 Lane Cotton Mills V. N. L. R. B. (C. C. A. 5) ; Botany Worsted Mills v. N. L. R. B.(C. C. A. 3).