Labor Board v. Dant, 344 U.S. 375 (1953)

National Labor Relations Board v. Dant

No. 97

Argued December 15, 1952
Decided February 2, 1953
344 U.S. 375

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Section 9(h) of the National Labor Relations Act, as amended, does not preclude issuance by the National Labor Relations Board of an unfair labor practice complaint under § 10(c) after the required non-Communist affidavits have been filed -- even though they had not been filed when the union filed the charge with the Board under § 10(b). Pp. 376-385.

195 F.2d 299, reversed.

On the ground that § 9(h) of the National Labor Relations Act, as amended by the Labor Management Relations Act, had not been complied with, the Court of Appeals set aside an order of the National Labor Relations Board requiring an employer to cease and desist from unfair labor practices in violation of § 8(a)(1) and (3). 195 F.2d 299. This Court granted certiorari. 344 U.S. 811. Reversed, p. 385.