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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).
88 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDSupreme Court, 5 and in a fourth the court partially vacated a. priordecision.° A summary of the principles established in these casesappears below at pp. 91-109.B. PROCEEDINGS FOR CONTEMPT OF COURT DECREES ENFORCINGBOARD ORDERSDuring the fiscal year two adjudications of contempt were obtainedby the Board for non-compliance with court decrees enforcing itsorders, and five were denied. Four petitions for contempt citationswere pending at the close of the year.' In another case a petitionfor contempt citation was filed by the union involved in the proceedingrather than the Board. Because of the growing importance ofsuch cases, brief summaries of the eight decisions of the year arelisted below :N. L. R. B. v. Federal Bearing Co. Inc., 109 F. (2d) 945 (C. C. A.2). In this case the employer's failure to reinstate employees pursuantto a decree enforcing 4 N. L. R. B. 467, entered April 28, 1938,was held not contemptuous, since consent to its entry was given inignorance of the employees' conviction of petty larceny which wouldhave constituted a valid ground for refusing reinstatement. Likewise,failure to reinstate another employee to his specific positionwas held not in contempt of the enforcement decree where the positionwas abolished for business reasons and the employee had rejectedan offer of a comparable position.N. L. R. B. v. Eavenson & Levering Co. Board's petition for contemptcitation denied August 9, 1939 (C. C. A. 3). The court's decreeof December 30, 1938, enforcing 8 N. L. R. B. 602 and 10N. L. R. B. 785, which required reinstatement for certain individuals,was held not disobeyed since the employees involved had not appliedfor reinstatement within a specified period.N. L. R. B. v. Nebel Knitting Company, Inc. Order entered dischargingrule to show cause January 18, 1940 (C. C. A. 4). Originaldecree enforcing 6 N. L. R. B. 284, entered pursuant to 103 F. (2d) 594.The proceedings here were dismissed on the entry of a consent orderfor the payment by the employer of certain sums as back pay to theindividuals involved and repayment of unemployment benefits tothe state agency.N. L. R. B. v. Tidewater Iron & Steel Co., Inc. Citation granted,March 12, 1940 (C. C. A. 3). Here the court found the employer incontempt for having violated its decree, entered September 9, 1939,enforcing 9 N. L. R. B. 624, which required certain reinstatementswith back pay.N. L. B. B. v. Pacific Greyhound Lines, Inc. Citation denied, 106F. (2d) 867 (C. C. A. 9). The court's decree, entered pursuant tothe decision of the Supreme Court in 303 U. S. 272, prohibitedfavoritism for or discrimination against the named union or "anyother labor organization." The court found that the employer'salleged acts of favoritism to a union not in existence at the time ofN. L. R. B. v. Bradford Dyeing Asen., 310 U. S. 318, reversing 106 F. (26) 119 (C. C. A.1).N. L. R. B. v. Sterling Electric Motors, Inc., 114 F. (26) 738 (C. C. A. 9).Infra, p. 120.
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NATIONAL LABOR RELATIONS BOARDWILLI
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CONTENTSPageI. Introduction 1A. Wor
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FIFTH ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTIONThe number of worker
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I. INTRODUCTION 5finding powers. In
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I. INTRODUCTION 7percent. There was
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II. THE NATIONAL LABOR RELATIONS BO
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III. PROCEDURE OF THE BOARDPrevious
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IV. STATISTICAL RECORD OF BOARD ACT
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IV. STATISTICAL RECORD OF BOA:RD AL
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IV. STATISTICAL RECORD OF BOARD Ac,
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TABLE I V.-Disposition of unfair la
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Region.TABLE VIII.—Disposition of
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TABLE X.-Character and results of r
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V. PRINCIPLES ESTABLISHEDIn previou
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V. PRINCIPLES ESTABLIS.LLED 33coupl
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Page 80 and 81: V. PRINCIPLES ESTABLISHED 739. Prec
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138 FIFTH ANNUAL REPORT OF NATIONAL
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XII. FISCAL STATEMENTThe expenditur
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