Labor Board v. Virginia Elec. & Power Co., 314 U.S. 469 (1941)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 314 U.S. 463, click here.

National Labor Relations Board v. Virginia Electric & Power Co.

No. 44

Argued November 19, 21, 1941
Decided December 22, 1941 *
314 U.S. 469

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. The National Labor Relations Act does not forbid or penalize expression by an employer to his employees of his views on labor policies. P. 476.

2. Conduct, though evidence in part by speech, may amount, in connection with other circumstances, to coercion within the meaning of the Act. In determining whether an employer actually interfered with, restrained, and coerced its employees, the Board may look at what it said, as well as what it did. P. 477.

3. Where the Board specifically found that certain spoken and posted utterances by the employer were unfair labor practices, the adequacy of which finding was doubtful if the utterances were separated from their background, and it was not certain from the Board’s decision that its conclusion was based on the whole course of conduct during the period in question, of which the utterances were a part, held that the case must be returned to the Board for a redetermination. P. 479.

115 F.2d reversed.

Certiorari, 312 U.S. 677, to review a judgment setting aside an order of the National Labor Relations Board, 20 N.L.R.B. 911, requiring the above-named power company among other things, to withdraw recognition of, and disestablish, a union with which it had contracted. The company and the independent union filed separate petitions in the court below to review and set aside the order. The Board answered and prayed enforcement of the order.