Labor Board v. Cheney California Lumber Co., 327 U.S. 385 (1946)

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Labor Board v. Cheney California Lumber Co.

No. 319

Argued January 9, 10, 1946
Decided February 25, 1946
327 U.S. 385

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Upon findings that an employer had engaged in unfair labor practices in violation of § 8 of the National Labor Relations Act, the National Labor Relations Board ordered the employer to cease and desist from (a) prohibited discrimination against employees in regard to hire or tenure, and

(b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act.

Upon the Board’s petition for enforcement of the order, the circuit court of appeals struck out paragraph (b).

Held that, since no objection to the paragraph was raised before the Board or any agent thereof, and since the failure or neglect was unexcused, the circuit court of appeals, by virtue of § 10(e) of the Act, was without authority to strike the paragraph from the order. P. 387.

2. Labor Board v. Express Publishing Co., 312 U.S. 426, differentiated. P. 387.

149 F.2d 333 reversed.

Upon a petition to the circuit court of appeals for enforcement of an order of the Labor Board, the court modified the order and decreed enforcement as modified. 149 F.2d 333. This Court granted certiorari. 326 U.S. 706. Reversed, p. 389.