Labor Board v. Newport News Shipbuilding & Dry Dock Co., 308 U.S. 241 (1939)

National Labor Relations Board v.

Newport News Shipbuilding & Dry Dock Co.
No. 20

Argued November 6, 7, 1939
Decided December 4, 1939
308 U.S. 241

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. Upon review of an order of the National Labor Relations Board, the Circuit Court of Appeals may consider additional facts, occurring before the decision and order of the Board had been promulgated, which the Board in a supplemental certificate certified as part of the record. P. 248.

2. Upon review of an order of the National Labor Relations Board, the Circuit Court of Appeals may not consider facts contained in briefs filed in the proceeding in that court, but which are not a part of the record certified by the Board. Such facts may be added to the certified record only in the manner prescribed by § 10(e) of the Act. P. 249.

3. A finding by the National Labor Relations Board that an employer had dominated, given financial and other assistance to, and interfered with the administration of a labor organization of its employees, held supported by substantial evidence. P. 250.

4. A provision in a plan for the governance of a labor organization whereby the plan may not be amended without the approval of the employer deprives the employees of the complete freedom of action guaranteed to them by the National Labor Relations Act. P. 249.

5. An order of the National Labor Relations Board requiring an employer to withdraw recognition from an organization of its employees and to disestablish it -- based upon the Board’s finding, supported by evidence, that the employer had for years dominated and interfered with the organization, and the Board’s conclusion, warranted by the record, that, because of that history, the organization was incapable of serving the employees as their genuine representative for the purpose of collective bargaining -- sustained. P. 251.

Upon the record in this case, the Board was authorized to order the disestablishment of the labor organization, notwithstanding the facts that the organization had operated to the apparent satisfaction of the employees; that no serious labor disputes had occurred during its existence, and that, in a referendum, the employees had signified their desire for its continuance.

101 F.2d 841 reversed.

Certiorari, 307 U.S. 617, to review a decree modifying and directing the enforcement, as modified, of an order of the National Labor Relations Board.