Labor Board v. Falk Corp., 308 U.S. 453 (1940)

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Labor Board v. Falk Corp.

No. 460

Argued December 8, 11, 1939
Decided January 2, 1940
308 U.S. 453

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

In consolidated proceedings against an employer under the National Labor Relations Act, the Board, under § 10(c), ordered the employer to cease and desist from interference with and domination of a labor union of its employees, to completely disestablish such union, and to post notices of compliance with the Board’s order, and, under § 9(c), directed an election of a representative for collective bargaining on a ballot containing the names of two competing unions but omitting the company union. The Circuit Court of Appeals granted enforcement, providing that the employees should be free at any election to choose the company union to represent them, and that the employer be permitted to add to the posted notices the qualification that the company union would be disestablished and unrecognized until and unless it should be chosen by the employees to represent them.

Held:

1. The Circuit Court of Appeals was without power thus to modify, and was without jurisdiction under § 9(d) to review, the Board’s direction of an election. Pp. 458-459.

2. The Board’s order that the company union be completely disestablished and barred from consideration as an employee representative was supported by the evidence and findings, and was not inconsistent with § 7 of the Act, which guarantees the right of employees to choose their own representative. P. 461.

3. Modification of the Board’s order by omitting the requirement that the notices to be posted in the plant contain a statement that the company would "cease and desist" from its unlawful activities, and by inclusion in such notice of assurances to the employees that the company union was eligible for selection as their bargaining representative was -- error. P. 462.

4. The order of the Board should be enforced without modification. P. 463.

106 F.2d 454 reversed.

Certiorari, post, p. 544, to review a decree modifying an order of the National Labor Relations Board, N.L.R.B. 654, and granting enforcement of the order as modified. See also 102 F.2d 383.