Newport News Co. v. Schauffler, 303 U.S. 54 (1938)

Newport News Shipbuilding & Dry Dock Co. v. Schauffler

No. 305

Argued January 5, 1938
Decided January 31, 1938
303 U.S. 54

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. Bethlehem Shipbuilding Corp. v. Myers, ante p. 41, followed. P. 57.

2. In a suit in equity to enjoin the holding of a hearing upon a complaint issued by the National Labor Relations Board, allegations of the bill that interstate or foreign commerce is not involved are conclusions of law, and are not admitted by a motion to dismiss. P. 57.

3. The National Labor Relations Act does not vest in the Labor Board exclusive power to determine its own jurisdiction. It confers upon the Board exclusive initial power to make the investigation, but provides for judicial review by the Circuit Court of Appeals. P. 57.

4. There is no basis in the Act for the contention that the District Court may entertain a suit to prevent the Board from conducting a public investigation under § 10 if the employer claims that it is not engaged in interstate or foreign commerce. P. 58.

5. A cause in which equitable relief was sought to prevent injury which allegedly would result from the holding of a hearing by the Labor Board cannot be disposed of as moot where, though the hearing has in the meantime been held, the trial examiner has not yet made his report to the Board, the Board has made no decision, and there is thus a possibility of further proceedings. P. 58.

91 F.2d 730 affirmed.

Certiorari, 302 U.S. 673, to review a decree affirming the dismissal of a bill which sought to restrain officials of the National Labor Relations Board from holding a hearing upon a complaint issued against the shipbuilding company.