NATIONAL LABOR RELATIONS BOARD
v.
STANDARD OIL CO. ET AL.
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The court held that a specific provision of the National Labor Relations Board order must be amended to clarify employees' freedom to join any union, and another provision must be eliminated, before the order is enforced.
The National Labor Relations Board issued an order against respondents. A specific provision of the order implied employees could only join one union,…
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PER CURIAM.
This case came on to be heard upon the record and briefs and oral argument of counsel.
And it appearing that the findings of the Board are supported by substantial evidence (Westinghouse Electric & Mfg. Co. v. National Labor Relations Board, 2 Cir., 112 F. 2d 657, 660, affirmed 312 U.S. 660, 61 S.Ct. 736, 85 L.Ed. 1108; National Labor Relations Board v. Southern Bell Telephone & Telegraph Co., 319 U.S. 50, 60, 63 S.Ct. 905, 910, 87 L.Ed. 1250);
And it also appearing that paragraph 2(b) (3) of the order of the National Labor Relations Board orders the respondents to post a notice declaring among other things that respondents’ employees “are free to become or remain members of Oil Workers International Union, affiliated with the Congress of Industrial Organizations, and Oil Workers International Union, Local 346, affiliated with the Congress of Industrial Organizations,” and does not declare that respondents’ employees are free to become or remain members of any other labor organization;
And it appearing that section 7 of the National Labor Relations Act, 29 U.S.C.A. § 157, expressly provides that “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing * * * ; ”
And it appearing that the clause of the order above quoted by implication authorizes respondents’ employees to join one organization only:
It is ordered that paragraph 2(b) (3) of the order of the National Labor Relations Board be amended by adding after the words “Oil Workers International Union, Local 346, affiliated with the Congress of Industrial Organizations,” the following phrase, to-wit: “or are free to join or organize any union they choose, whether or not it is affiliated with a national organization.” Cf. Westinghouse Electric & Mfg. Co. v. National Labor Relations Board, 2 Cir., 112 F. 657, 660.
It is ordered that paragraph 1(d) of the National Labor Relations Board order be eliminated. National Labor Relations Board v. Express Publishing Co., 312 U.S. 426, 61 S.Ct. 693, 85 L.Ed. 930; National Labor Relations Board v. American Rolling Mill Co., 6 Cir., 126 F. 2d 38.
It is further ordered that as so amended, the order of the Board be enforced.
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Citator
Cited By (12 total)
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Hudson v. McMILLIAN, 503 U.S. 1 (U.S. 1992)
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Granville v. Hunt, 411 F.2d 9 (5th Cir. 1969)
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Taylor v. United States, 179 F.2d 640 (9th Cir. 1950)
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Labor Relations Bd. v. Express Publ'g Co., 312 U.S. 426 (U.S. 1941)
- Nat'l Labor Relations Bd. v. S. Bell Tel. & Tel. Co., 319 U.S. 50 (U.S. 1943)
- Westinghouse Elec. & Mfg. Co. v. Nat'l Labor Relations Bd., 112 F.2d 657 (2d Cir. 1940)
- Ex parte Burall, 312 U.S. 660 (U.S. 1941)
- Westinghouse Elec. & Mfg. Co. v. Nat'l Labor Relations Bd., 312 U.S. 660 (U.S. 1941)
- Nat'l Labor Relations Bd. v. Am. Rolling Mill Co., 126 F.2d 38 (6th Cir. 1942)