Labor Board v. Pennsylvania Greyhound Lines, Inc., 303 U.S. 261 (1938)

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National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc.

No. 413

Argued February 4, 1938
Decided February 28, 1938
303 U.S. 261

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. Upon a finding that an employer has created and fostered a labor organization of employees and dominated its administration in violation of § 8(1), (2) of the National Labor Relations Act of July 5, 1935, the National Labor Relations Board has authority, under § 10(c) of the Act, in addition to ordering the employer to cease these practices, to require him to withdraw all recognition of the organization as the representative of his employees and to post notices informing them of such withdrawal. Pp. 263, 268.

2. Whether continued recognition by the employer of the employees’ association would, in itself, be a continuing obstacle to the exercise of the employees’ right of self-organization and to bargain collectively through representatives of their own choosing is an inference of fact to be drawn by the Board from the evidence reviewed in its subsidiary findings, and, when supported by evidence the Board’s finding of the fact, is conclusive. P. 270.

3. The Board’s findings in this case that the employer had engaged in unfair Labor practices, and that withdrawal of recognition of the employee association by the employer, accompanied by suitable publicity, would appropriately give effect to the policy of the Act, were amply supported by the evidence. P. 271.

4. To enable the Board to determine whether the employer had violated the statute or to make an appropriate order against him, the presence of the employees’ association was not essential, and it was not entitled to notice and hearing. P. 271.

5. An order of the Board such as that requiring the employer to withdraw recognition of the employees’ association and to post notice of such action, lawful when made, does not become moot because it is obeyed or because changing circumstances may lessen the need for it. P. 271.

91 F.2d 178 reversed.

Certiorari, 302 U.S. 676, to review a judgment denying in part a petition of the National Labor Relations Board for enforcement of an order.