National Labor Relations Board v. Standard Oil Co.

Citation142 F.2d 676
Decision Date19 April 1944
Docket NumberNo. 9603.,9603.
PartiesNATIONAL LABOR RELATIONS BOARD v. STANDARD OIL CO. et al.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

Alvin Rockwell, of Washington, D. C., for petitioner.

Maurice F. Hanning, James R. Tritschler, and McAfee, Grossman, Hanning & Newcomer, all of Cleveland, Ohio, for respondents.

Before ALLEN, HAMILTON, and MARTIN, Circuit Judges.

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...

To continue reading

Request your trial
3 cases
  • Bowles v. Leithold
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 27, 1945
    ...... reliance is, naturally, upon the Express case, National Labor Relations Board v. Express Publishing Co., 1941, 312 ...v. Standard Oil Co. et al., 6 Cir., 1944, 142 F. 2d 676; Commonwealth ......
  • In re Clerc Chemical Corporation
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 1, 1944
  • Sarshik v. Sanford, 10897.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 17, 1944

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT