Labor Board v. White Swan Co., 313 U.S. 23 (1941)

Labor Board v. White Swan Co.

No. 529

Argued March 10, 1941
Decided March 31, 1941
313 U.S. 23

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR

THE FOURTH CIRCUIT

Syllabus

1. Questions certified by the Circuit Court of Appeals in this case, involving the validity of an order of the National Labor Relations Board which required a company, engaged in the operation of a laundry and dry cleaning business located in a city on a state line, to cease and desist from certain unfair labor practices and to offer employment with back pay to certain employees found to have been discharged because of union affiliation and activities, held defective because of "objectionable generality," since the questions do not reflect the precise conclusions of the Board and the precise findings on which those conclusions were based, and also because, even if they did reflect those conclusions and findings, they would call for a "decision of the whole case." P. 27.

2. The necessity in this case of making a supposition as to the sense in which the Board made its finding under § 10(a) that the unfair labor practices were "affecting commerce," reveals the hypothetical and abstract quality of the questions certified. P. 27.

Certificate dismissed.

Certificate from the Circuit Court of Appeals upon a petition to that court for enforcement of an order of the National Labor Relations Board. 19 N.L.R.B. 1079.