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VII. LITIGATION 89the order and occurring during the life of a valid closed-shop contractwith the same, were not contemptuous.N. L. R. B. v. Red River Lumber Co. Citation denied, 109 F. (2d)157 (C. C. A. 9), rehearing denied 110 F. (2d) 810. The decree in thiscase (101 F. (2d) 1014), prohibited breaches of the peace designedto interfere with the rights of employees under the Act. The courtheld allegations of the rule to show cause insufficient to warrant citationfor contempt as responsibility for nonfeasance or malfeasance of civiltfficers, who were the employees of company, was not shown to attachto the employer in absence of its direct interference or instructions.N. L. R. B. v. Americam, Potash, and Chemical Corp. Citation partiallygranted, 113 F. (2d) 232 (C. C. A. 9). The decree of enforcement,entered in accordance with the court's decision in 98 F. (2d)488, required reinstatement and back pay for a number of employeesin addition to disestablishment of a company-dominated labor organization.The employer's offer of a bonus as an inducement to theemployees to waive their reinstatement rights was held to violate thedecree but no contempt was found as to an alleged violation of the8 (2) requirement because of the length of time intervening beforeCOB tempt proceedings were instituted.Amalgamated Utility Workers v. Consolidated Edison Company ofNew York, Inc., 309 U. S. 261, affirming 106 F. (2d) 991. Here, indenying a union's motion for a citation of an employer in contemptof an enforcement decree entered pursuant to the decision of theSupreme Court in 305 U. S. 197, it was held that authority to institutesuch a proceeding rests exclusively with the Board.C. MISCELLANEOUS COURT PROCEEDINGSIn addition to the normal litigation involving the enforcement orreview of its orders the Board has engaged during the fiscal year inan increasing amount of miscellaneous litigation.A number of such cases arose out of proceedings under section9 (c) of the Act which provides for the investigation and certificationof representatives for the purpose of collective bargaining. Two ofthese, American Federation of Labor v. N. L. R. B., 308 U. S. 401,affirming 103 F. (2d) 933 (App. D. C.) and International Brotherhoodof Electrical Workers v. N. L. R. B., 308 U. S. 413, reversing 105 F.(2d) 598 (C. C. A. 6), involving petitions for review of a Board certification8 and direction of election,9 respectively, are of primary importancein defining the jurisdiction of the circuit courts in proceedingsof this character. The petitions were dismissed on the groundthat the Act does not confer jurisdiction to review such a determination.In deciding the latter case the court stated : "The direction foran election is but a part of the representation proceeding authorizedby section 9 (c) and is no more subject to review under section 10 (f)than is a certification which is the final step in such a proceeding andwhich we have just held [308 U. S. 401] Congress has excluded fromthe review afforded by that subdivision" (308 U. S. 413, at 414-415).$ Matter of Shipowners' Ass'n of the Pacific Coast at al. and Int. Longshoremen's andWarehousemen's Union, Dist. No. 1, 7 N. L. R. B 1002.9 Matter of Consumers Power Co. and Intl Brotherhood ot Elec. Workers, 11 N. L. R. B.848. See also N. L. R. B. v. The Palk Corp., 308 U. S. 4o3, enforcing the Board's orderin 6 N. L. R. B. 654, a consolidated proceeding involving both an unfair labor practice orderand a direction of election.
90 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDIn eight other cases petitions were filed to review or stay directionof elections ordered by the Board under section 9 (c) of the Act,five of which were dismissed on consent, 1° two on Board motion,11and one continued indefinitely subject to call on notice.' 2 In anothercase International Brotherhood of Electrical Workers v. Bowen(E. b. Mich.), a United States District Court, contrary to the applicabledecisions of the United States Supreme Court, granted a motionfor preliminary injunction to restrain the holding of a run-offelection.13Two cases involving suits for mandatory injunctions to compelwithdrawal of certifications of representatives also occurred duringthis period, American Federation of Labor v. Madden, et al., Nos.2214 and 5517 (D. C. D. C.). 14 The bill of complaint in No. 2214was dismissed on stipulation but the Board's motion to dismiss asimilar bill in No. 5517 was denied.13Attempts to inquire into Board methods of decision through interrogatoriesor depositions were made in four cases during the year;in each case the application was denied.16In one case, In re Hamilton-Brown Shoe Co., Bankrupt (E. D. Mo.,No. 9734) the Board filed a proof of claim in the bankruptcy courtbased on nonpayment of back pay awards ordered by the Board in9 N. L. R. B. 1072 and enforced by the Eighth Circuit Court of Appealsin 104 F. (2d) 49. The district court denied the claim and anappeal is now pending in the Eighth Circuit.In six cases where Board subpenas had not been compiled with,enforcement proceedings, pursuant to section 11 (2) of the Act, werecommenced in district courts. The application was granted in three 17instances, denied in one 18 and is pending in two.1° In United StatesLine Co. V. N. L. I?. B. (S. D. N. Y.) an application to vacate aBoard's subpena was withdrawn at the close of oral argument beforethe court. One adjudication for contempt was obtained for noncompliancewith an order of a district court requiring obedience toBoard subpenas.2°In Progressive Mine Workers Union of America v. N. L. R. B., No.7616 (App. D. C.), a petition was filed for review of a Board ruling10 Aluminum Emp. Ass'n v. N. L. R. B. No. 8389, Mar. 11, 1940 (C. C. A. 6) ; AluminumEmp. Ass'n v. N. L. R. B. No. 8408, Mar. 11, 1940 (C. C. A. 6) ; National Flat Glass Workers'Union of America V. N. L. R. B. No. 8278, Mar. 11, 1940 (C. C. A. 6) ; Pick mfg. Co. v.N. L. R. B. No. 7156, Jan. 31, 1940 (C. C. A. 7) ; United Rubber Workers of America V.N. L. 11. B. No. 8444, Jan. 17, 1940 (C. C. A. 6).Cudahy Packing Co. V. N. L. R. B. No. 452, Orig., Feb. 26, 1940 (C. C. A. 8) ; Libbey-Owens-Ford Glass Co. v. N. L. R. B., No. 8346, Apr. 1Z 1940 (C. C. A. 6)." keen of Western Union Employees v. N. L. R. B. (C. C. A. 2).11 The run-off election restrained was that provided for in the direction of election whichhad been set aside in the Sixth Circuit (105 P. (2d) 742, reversed by the Supreme Court in808 C. S. 413). As the Board later changed its policy on run-off elections so as to provide adifferent kind of ballot (Matter of Le Blond Machine Tool Co., March 30, 1940, 22 N. L. R. B.,No. 17). it did not appeal from the District Court's restraining order, and it later conducted theelection to conform to its new doctrine whereby run-off elections are conducted as betweenthe two unions receiving the highest number of votes on the first ballot (Matter of ConsumersPower Co., 27 N. L. R. B., No. 44, September 12, 1940).Footnote 8, supra.15 June 3, 1940. Petition for special appeal granted Dec. 11. 1940.1 Foote Bros. Gear & Mach. Corp. v. N. L. It. B., Mar. 6. 1940 (C. C. A. 7) ; N. L. R. B.v. Botany Worsted Mills, 106 F. (2d) 263 (C. C. A. 3) ; N. L. R. B. v. Ford Motor Company,Feb. 15, 1940 (C. C. A. 6) ; N. L. R. B. V. Lane Cotton Mills, 108 F. (2d) 568 (C. C. A 5)."N. L. R. B. v. Cudahy Packing Co., May 3, 1940, 34 F Supp. 53 (D. Kan.) ; N. L. R. B.V. Rheam, Jan. 15, 1940 (N. D. Okla.) ; N. L. R. B. v. West Coast Macaroni Mfg, Co., Jan.12. 1940 (N, D. Calif ) .18 N. L. R. B. v. Chambers Corp.. Nov. 2. 1939 (S. D. Ind.).10 N. L. R. B. v. The Barrett Co. (S. D . N. L. R. B. V. Climb (N. D. Ohio).N. L. R. B. v. Ritholz (N. D. Ill.). On September 17, 1940, the court ordered respondentcommitted to jail until he complied with the subpena and assessed the costs of the proceedingagainst him.
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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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V. PRINCiPLES ESTABLISHED 37tion. T
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140 FIFTH ANNUAL REPORT OF NATIONAL
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XII. FISCAL STATEMENTThe expenditur
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