Labor Board v. Electric Vacuum Cleaner Co., Inc., 315 U.S. 685 (1942)

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National Labor Relations Board v. Electric Vacuum Cleaner Co., Inc.

No. 588

Argued March 5, 1942
Decided March 30, 1942
315 U.S. 685

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The finding of the National Labor Relations Board that, by a supplementary oral contract between an employer and a labor union, it was agreed only that new employees would be required to join the union was supported by substantial evidence P. 690.

2. The conclusion of the Board that the closed shop agreement between the employer and a labor union in this case was not valid under § 8(3) of the National Labor Relations Act, because, prior to such agreement, the union -- although then the collective bargaining representative of a majority of the employees -- had been assisted by cooperation of the employer, constituting unfair labor practice, was supported by substantial evidence. P. 694.

The evidence supports the Board’s ruling that the employer, contrary to a collective bargaining agreement, coerced old employees to join certain unions with which the employer had no closed shop contracts, in violation of the freedom of employees to organize, guaranteed by the Labor Act.

3. An order of the Board requiring the employer in this case to cease and desist from encouraging membership in such union and discouraging membership in another; from giving effect to the closed shop provision of the contract; from giving effect to the remainder of the contract, when any other labor organization shall be certified as exclusive bargaining representative; from interfering with its employees’ rights to self-organization, and requiring reinstatement with back pay of certain employees, posting of notices of compliance, and notification of the Board, was supported by the evidence and the findings, and was valid and enforceable. Pp. 689, 698.

4. A finding by the Board that a clause of a contract between an employer and a labor union whereby new employees would be required to join the union was abandoned and not subsequently revived held supported by substantial evidence. P. 696.

5. Shortening the period for which the Board ordered compensation to be paid to employees wrongfully discharged or refused employment is not justified by the delays in disposing of this case. P. 698.

120 F.2d 611 reversed.

Certiorari, 314 U.S. 600, to review a judgment refusing enforcement of and setting aside an order of the National Labor Relations Board.