NATIONAL LAB RELATIONS BOARD - National Labor Relations ...

I. INTRODUCTION 5finding powers. In addition to a similar treatment of the lowercourt's disregard of Board findings in the Bradford case, the SupremeCourt there ruled that a shift in majority status of a union due tounfair labor practices of the employer did not affect the validityof an order to bargain based upon the original designations.In National Licorice Co. v. N. L. R. B.13 and American ManufacturingCo. v. N. L. R. B. 14 Board orders setting aside illegal contractsof employment exacted from employees in derogation of rights guaranteedto them by the Act were sustained with slight modificationof the notice ordered to be posted, despite the fact that employeeswere not made parties in the proceedings before the Board.The Board was equally successful in litigation before the variouscircuit courts of the country; 63 Board decisions were ruled upon duringthe fiscal year, representing an increase of 65 percent over the 38decisions rendered in 1939. On these, Board orders were enforced infull in 22 cases, and were enforced as modified in 30 cases. In 11 of thecases, the Board's orders were set aside, although in 2 cases new hearingswere ordered, in another the decision was subsequently reversedby the Supreme Court, and in the fourth, the court itself vacated itsdecision.In the past year the circuit courts have enforced Board orders dealingwith a multitude of issues. In connection with reinstatementorders, the decisions have continued to turn principally upon questionsof evidence. Some division of authority has appeared as to the validityof the "work relief" provision of back pay orders and the matter beforethe Supreme Court at the end of the year." One circuit set aside aBoard order based upon a finding of discriminatory refusal to hire; asecond case involving a similar issue was pending decision at the closeof the fiscal year." Following the views set forth in the Newport Newsdecision, the courts have, in the past year, interpreted a Board order ofdisestablishment to mean complete dissolution of the illegal organization.The requirement that the parties should enter into a signedagreement should bargaining result in a meeting of minds has beenenforced in numerous decisions.17In summary, the Board has engaged in more litigation during thepast year than ever before and has continued to maintain its highratio of success in the courts. Of the 69 final decisions involving enforcementor review of Board orders rendered during the fiscal year1940, the Board was sustained in whole or in part in 58 cases, or 84percent of the total cases decided, which compares with its record of74 percent during 1939. No Board order was reversed by the SupremeCourt. In addition, at the close of the fiscal year, 109 cases involvingenforcement or review of Board orders were pending before the variouscircuit courts of appeals in comparison to the 74 cases pendingat the close of 1939.o 309 11. S. 350.14 U. S. 629."In Republic Steel Corp. V. N. L. R. B. 311 U. S. 7, decided November 12. 1940, the SupremeCourt ruled that such "work relief" provisions may not he included in the Board's orders.This issue is now before the Supreme Court in N. L. R. B. v. Phelps Dodge Corp.. 113 F.(2d) 202 (C. C. A. 2). certiorari granted January 13, 1941.17The Board's position has since been sustained by the Supreme Court, ff. 1. Heinz v,N. L. R. B., 61 S. Ct. 320,