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LABOR BOARD V. BRADFORD DYEING ASSN., 310 U. S. 318 (1940)

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U.S. Supreme Court

Labor Board v. Bradford Dyeing Assn., 310 U.S. 318 (1940)

National Labor Relations Board v. Bradford Dyeing Association

No. 588

Argued March 26, 27, 1940

Decided May 20, 1940

310 U.S. 318

Syllabus

1. The National Labor Relations Act is applicable to an employer whose business consists of dyeing and finishing goods moved to and from its plant by their owners through the channels of interstate commerce. P. 310 U. S. 324.

2. The Act is applicable even though the employer's business is small in comparison with the industry to which it belongs. P. 326..

3. It is not material to the question of the Board's jurisdiction that the customers of the processor, if the interstate movement of the goods to and from the plant were stopped by a strike, might secure the same services from other processors in the same State. P. 310 U. S. 326.

4. Since the purpose of the Act is to protect and foster interstate commerce, the Board can exert jurisdiction before industrial strife occurs in the plant. P. 310 U. S. 326.

5. Evidence before the National Labor Relations Board sustained its findings:

(1) That two of the respondent company's employees were discharged for union activities. Pp. 310 U. S. 326, 310 U. S. 330. chanroblesvirtualawlibrary

Page 310 U. S. 319

(2) That the company dominated and supported one labor organization and refused to bargain collectively through another after a majority of the employees had selected it as their bargaining unit. Pp. 310 U. S. 333 et seq.

6. Where a shift of majority membership from one union to another was brought about by the unfair labor practices of the employer, the Board was justified in finding that the first union continued to be the exclusive representative of all the employees for the purposes of collective bargaining. P. 310 U. S. 339.

7. In vacating the Board's order for reinstatement of two employees, upon the ground that they had incited or threatened unlawful conduct after their discharge, the court below acted without jurisdiction. P. 310 U. S. 340.

8. Where the National Labor Relations Board, acting within the compass of its power on a charge of unfair labor practice, has held a proper hearing, has made findings based on substantial evidence, and has ordered an appropriate remedy, the Circuit Court of Appeals is bound, on application, to enforce the order. P. 310 U. S. 342.

106 F.2d 119 reversed.

Certiorari, 308 U.S. 549, to review a decree on a petition for enforcement of an order of the National Labor Relations Board. 4 N.L.R.B. 604; 8 id. 979.





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