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LABOR BOARD V. HIGHLAND PARK MFG. CO., 341 U. S. 322 (1951)

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U.S. Supreme Court

Labor Board v. Highland Park Mfg. Co., 341 U.S. 322 (1951)

National Labor Relations Board v.

Highland Park Manufacturing Co.

No. 425

Argued April 23, 1951

Decided May 14, 1951

341 U.S. 322

Syllabus

1. The Congress of Industrial Organizations (CIO) is a "national or international labor organization" within the meaning of § 9(h) of the National Labor Relations Act, as amended by the Labor Management Relations Act, and the National Labor Relations Board could not proceed against an employer at the instance of a union affiliated with CIO when the officers of CIO had not filed the non-Communist affidavits required by that section, although the affiliated union's own officers had filed such affidavits. Pp. 341 U. S. 323-325.

2. When a court of appeals is petitioned to decree enforcement of an order of the National Labor Relations Board requiring an employer to bargain with a union and the facts regarding compliance with § 9(h) are not in dispute, the employer is entitled to a judicial review of the legal question whether there has been compliance with § 9(h). Pp. 341 U. S. 325-326.

184 F.2d 98 affirmed.

The Court of Appeals denied enforcement of an order of the National Labor Relations Board requiring an employer to bargain with a union affiliated with the Congress of Industrial Organizations because the officers of the latter had not filed the non-Communist affidavits required by § 9(h) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 61 Stat. 146, 29 U.S.C. (Supp. III) § 159(h), 184 F.2d 98. This Court granted certiorari. 340 U.S. 927. Affirmed, p. 341 U. S. 326. chanroblesvirtualawlibrary

Page 341 U. S. 323





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