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LABOR BOARD V. COCA-COLA BOTTLING CO., 350 U. S. 264 (1956)

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U.S. Supreme Court

Labor Board v. Coca-Cola Bottling Co., 350 U.S. 264 (1956)

National Labor Relations Board v.

Coca-Cola Bottling Co. of Louisville, Inc.

No. 79

Argued January 17, 1956

Decided February 27, 1956

350 U.S. 264

Syllabus

A labor union instituted proceedings before the National Labor Relations Board charging an employer with unfair labor practices in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act. A complaint based on these charges was issued. At the hearing, the employer challenged the Board's jurisdiction on the ground that the union had not satisfied the requirements of § 9(h), which requires the filing of non-Communist affidavits by all "officers" of the union and of any national or international labor organization of which it is an affiliate, and offered to prove that the Regional Director of the CIO for Kentucky, who had not filed such an affidavit, was an "officer" within the meaning of § 9(h).

Held:

1. The Board erred in ruling that, during the course of the unfair labor practice hearing, the employer could not show that the labor organization had not complied with § 9(h), and thereby establish the Board's want of jurisdiction. Labor Board v. Highland Park Manufacturing Co., 341 U. S. 322. Pp. 350 U. S. 266-268.

2. The Board's construction of the word "officer" in § 9(h) as meaning "any person occupying a position identified as an office in the constitution of the labor organization," and its finding that the Regional Director of the CIO for Kentucky is not such an "officer," are sustained. Pp. 350 U. S. 268-269.

219 F.2d 441, reversed and remanded. chanroblesvirtualawlibrary

Page 350 U. S. 265





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