J. - National Labor Relations Board

132 FOURTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDtween striking and non-striking employees on some non-discriminatorybasis. N. L. R. B. v. Stackpole Carbon Co., 105 F. (2d) 167, 177(C. C. A. 3), certiorari denied, November 6, 1939.Removal of the employer's plant to a new location is no obstacleto reinstatement.—The power of the Board to order reinstatementeven though the employer removes his plant to a new location iswell established. N. L. R. B. v. Hopwood Retinning Co., 98 F.(2d) 97, 99 (C. C. A. 2) ; N. L. R. B. v. Stackpole Carbon Co.,105 F. (2d) 167, 177-8 (C. C. A. 3), certiorari denied, November 6,1939."Reinstatement of strikers who have engaged in misconduct duringthe strike.—In Famteel Metallurgical Corp. v. N. L. R. B. 306 U. S.240,257-8, the Supreme Court held that the purposes of the Act are noteffectuated by the reinstatement of strikers who have been guilty ofseizure and violent retention of possession of their employer's plant, indefiance of state law and a court order and that an order of reinstatementin such a case is an abuse of discretion, even though the employerhimself has been guilty of serious violation of the Act. 58 Strikingemployees who brought food to those in occupation of the Fansteelplant were held barred from reinstatement as "abetters" by applicationof the same principle.When strikers engage in unpldnned or petty violence, the Boarddoes not exceed its discretion in ordering their reinstatement.—TheFansteel rule is inapplicable to strikers who engage in ordinary picketlinedisputes, common to such controversies. In N. L. R. B. v.Stackpole Carbon Co., 105 F. (2d) 167, 175 (C. C. A. 3) and inN. L. R. B. v. Kiddie Kover Mfg. Co. 105 F. (2d)1 179, 183(C. C. A. 6), a Board order reinstating such strikers was enforcedand the Fansteel case expressly distinguished.5°ORDERS TO CEASE AND DESISTThe cease and desist orders issued by the Board can be phrasedto extend beyond the particular unlawful activity found to havetaken place. Thus, a general cease and desist order in the languageof section 8 (1) is proper. N. L. R. B. v. Nat. Motor Bearing Co.,105 F. (2d) 652, 660-1 (C. C. A. 9). 60 And an order to cease anddesist discouraging membership in unions by discrimination can beissued even though no actual instances of such discrimination arefound to have occurred.°1PROCEDURE BEFORE THE BOARD—GENERALLYParties to Board proceedings in which contracts are invalidated.—Just as a company-dominated labor organization may be ordered dis-" So also, during the preceding fiscal year, N. L. R. B. v. Remington Rand, Inc., 94 F.(2d) 862, 872 (C C. A. 2), certiorari denied, 304 U. S. 576, 578."'Justices Stone, Reed, and Black dissented.59 See page 127, supra.So also, Newport News Shipping & D. D. Co. v. N. L. R. B., 101 F. (2d) 841,848 (C. C. A. 4), cert. granted, 59 S. Ct. 793, enforcing as mod., Matter of Newport NewsShipbuilding and D. D. Co. and Ind. Union of Marine and Shipbuilding Workers of inter.,8 N. L. R. B. 866, 878, and disregarding the employer's contrary contentions (NewportNews' brief, p. 43) '• N. L. R. B. v. Pure Oil Co., 103 F. (26) 497 (C. C. A. 5) ; N. L. R. B.v. Wilson & Co., 103 F. (2d) 243, 251 (C. C. A. 8), rehearing denied, April 25, 1939,enforcing Matter of Wilson c6 Co. and Ind. Union of All Workers or United Packing HouseWorkers, 7 N. L. R. B. 986, 1000, and rejecting the employer's contrary contention(Wilson's petition for rehearing, p. 2).ei N. L. R. B. v. Pure Oil Co.; 3.7. L. R. B. v. Wilson 4 , both supra.