NATIONAL LAB RELATIONS BOARD - National Labor Relations ...

VII. LITIGATION 87N. L. R. B. v. Bradford Dyeing Ass'n, 310 U. S. 318, reversing 106F. (2d) 119 (C. C. A. 1), and enforcing Matter of Bradford DyeingAssociation (U. S. A.) and Textile Workers' Organizing Committeeof the C. I. 0., 4 N. L. R. B. 601. In this case the court affirmedits determination previously made in the Fainblatt case, 2 that theBoard's jurisdiction attaches although the employer involved maynot itself ship goods in interstate commerce but merely processesgoods which its customers ship to it and later remove. In sustainingthe Board's findings and reversing the lower court, the SupremeCourt held that a shift in the majority status of a union due to theunfair labor practices of the employer does not affect the validityof an order based upon the original designations. Accordingly,the Board's order that the employer bargain with the union whichhad been freely designated was enforced as were other provisions ofthe order.National Licorice Co. v. N. L. R. B., 309 U. S. 350, affirming asmodified, 104 F. (2d) 655, which enforced as modified Matter of NationalLicorice Company and Bakery and Confectionery WorkersInternational Union of America, Local Union 445, Greater Neu)Yoric and Vicinity, 1 N. L. R. B. 537. Here the Supreme Courtupheld findings of the Board that "Balleisen type" contracts' whichthe employer exacted from its employees were illegal because, interalia, they were procured through the mediation of a company-dominatedorganization, and prevented the employees from bargainingfor a closed shop or a signed contract with a union. The ordersetting aside the contracts was sustained over the objection that theindividual employees who entered into these contracts were notparties to the proceeding before the Board. The Board's order wasmodified slightly so as to omit from the notice provision the statementthat the contracts were "void," since the proceeding did notforeclose the assertion by the individual employees of private rightswhich they may have acquired under the contracts.American Mfg. Co. v. N. L. R. B., 309 U. S. 629, affirm,ing asmodified 106 F. (2d) 61 (C. C. A. 2), which enforced as modifiedMatter of American Manufacturing Company et al. and TextileWorkers' Organizing Committee, C. I. 0., 5 N. L. R. B. 443. Thepetition for certiorari in this case raised the same issues as thoseraised in the National Licorice case. The court, in a per curiamopinion, directed that the Board's order be modified as was the orderin that case, and that the order, as so modified, be enforced.2. CIRCUIT COURTS OF A.PP11,11..S CASESDuring the present fiscal year the several Circuit Courts of Appealsruled on Board orders in 63 unfair labor practice cases, an increaseof 65 percent over the 38 such decisions rendered in the previousfiscal year. Of the 63 cases, Board orders were enforced in full in22 cases, and were enforced as modified in 30 cases. In 11 cases,Board orders were set aside, although in 2 cases new hearings wereordered,4 in another the decision was subsequently reversed by the= N. L. R B. V Fainblatt. 306 U. S. 601.'See infra, pp. 93, 95.Inland Steel Co. v. N. L. R. B., 109 F. (2d) 9 (C. C. A. 7) ; N. L. 11. B. v. Cowell PortlandCement Co., 108 F. (2d) 198 (C. C. A. 9).