H.J. Heinz Co. v. Labor Board, 311 U.S. 514 (1941)

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H.J. Heinz Co. v. National Labor Relations Board

No. 73

Argued December 17, 18, 1940
Decided January 6, 1941
311 U.S. 514

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The question of the responsibility of an employer, under the National Labor Relations Act, for unauthorized activities of supervisory employees is not one of legal liability on principles of agency or respondeat superior, but only whether the Act condemns such activities as unfair labor practices so far as the employer may gain from them in the bargaining process any advantage of a kind which the Act proscribes. To that extent, the employer is amenable to the Board’s authority to prevent repetition of such activities and to remove the consequences of them upon the employees’ right of self-organization. Pp. 518, 521.

So held where the employer, when advised of activities of supervisory employees encouraging the formation of a plant union, took no step to notify the employees that such activities were unauthorized, or to correct their impression that support of a rival labor union was not favored by the employer, and would result in reprisals. P. 521.

2. Whether the continued existence of a labor union the formation of which was influenced by unfair labor practices constitutes an obstacle to the employees’ light of self-organization is a question of fact to be determined by the Board from all the circumstances attending those practices. P. 522.

3. An order of the National Labor Relations Board requiring the disestablishment of a labor union, the formation of which was influenced by unfair labor practices, held supported by the evidence. P. 522.

4. Refusal of an employer, on request of a labor organization, to sign a written contract embodying the terms of an agreement which he has reached with it concerning wages, hours, and working conditions is a refusal to bargain collectively, and an unfair labor practice under § 8(5) of the Act. P. 525.

5. Under § 10(c) of the National Labor Relations Act, the Board may require an employer who has reached an agreement with a labor organization concerning wages, hours, and working conditions to sign a written contract embodying the terms of the agreement. P. 526.

110 F.2d 843 affirmed.

Certiorari, 310 U.S. 621, to review a judgment directing enforcement of an order of the National Labor Relations Board.