National Labor Relations Board v. Wiltse

• Decision Date: 23 March 1951
• Docket Number: No. 11128.,11128.
• Citation: 188 F.2d 917
• Parties: NATIONAL LABOR RELATIONS BOARD v. WILTSE.
• Court: U.S. Court of Appeals — Sixth Circuit

188 F.2d 917 (1951)

NATIONAL LABOR RELATIONS BOARD v. WILTSE.

No. 11128.

United States Court of Appeals, Sixth Circuit.

Decided March 23, 1951.

As Amended on Rehearing June 1, 1951.

COPYRIGHT MATERIAL OMITTED

Duane Beeson, Washington, D. C. (George J. Bott, David P. Findling, A. Norman Somers, Bernard Dunau, and Duane Beeson, Washington, D. C., on the brief), for petitioner.

George Meader, Washington, D. C. (George Meader, Washington, D. C., John S. Dobson, Ann Arbor, Mich., on the brief), for respondent.

Before SIMONS, McALLISTER and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

The National Labor Relations Board filed its petition for enforcement of its order requiring respondent to reinstate workers alleged to have been discharged as a result of unfair labor practices in violation of the National Labor Relations Act, as amended; to cease and desist from discouraging membership in a union and from interfering with and coercing employees in the exercise of their right to engage in concerted activities; and to post appropriate notices. In answer, respondent submits that, under various provisions of the Act, the Board was without jurisdiction to hear and determine the controversy; that respondent's operations did not affect interstate commerce, and that there was not sufficient admissible evidence in the record to sustain the Board's findings that respondent was guilty of unfair labor practices.

The National Labor Relations Act, as amended, known also as the Labor-Management Relations Act of 1947, 61 Stat. 136, 29 U.S.C.A. § 151 et seq., provides that no investigation shall be made by the Board of any question affecting commerce concerning the representation of employees raised by a labor organization, and that no petition of such an organization shall be entertained or complaint issued pursuant to a charge by a labor organization, unless such organization and any national or international labor organization of which it is an affiliate shall have filed with the Secretary of Labor copies of its constitution and bylaws and certain other information as to its procedures and finances, and distributed its financial statement to its members, and shall have filed with the Board affidavits of its officers that they are not members of the Communist Party. Section 9(f), (g), and (h) of the Act, 29 U.S.C.A. § 159(e), (f), and (g).

There was no proof in the proceedings before the Board, or in this court, that that union, here in question, had complied with the requirements of the above mentioned provisions of the Act. Failure to comply was not pleaded as a defense by the answer.

On the principal issue in this controversy, respondent contends that Section 9(f), (g), and (h) of the Labor-Management Relations Act is jurisdictional; that compliance with the requirements of this section by the union must be shown before the Board has jurisdiction to proceed; and that since there was no showing that the union had complied with this section, the Board had no jurisdiction to issue its complaint or enter its order in this case.

In National Labor Relations Board v. Greensboro Coca Cola Bottling Co., 4 Cir., 180 F.2d 840, 844, similar contentions were considered and determined. In that case, in passing upon the argument that the Board was without jurisdiction to enter its order because the union had not complied with the above mentioned section of the statute, Judge Parker, speaking for the court, said: "The company's contention that the Board was without jurisdiction to enter the order is based upon an allegation in the answer before the Board to the effect that the union upon whose petition the complaint of the Board was filed had not complied with the requirements of section 9(f), (g) and (h) of the Labor-Management Relations Act. These provisions of the statute require that labor organizations desiring to obtain the benefits of the act shall file certain operational and financial statements with the Secretary of Labor, distribute the financial statement to their members and have their officers submit affidavits that they are not members of the Communist Party. There is nothing whatever in the evidence, however, to show that the union has not complied with these statutory requirements; and, in the absence of proof to the contrary, we must assume that they have been complied with. * * Where there is nothing to show, therefore, that the union has failed to comply with the statutory provisions, where general counsel has filed a complaint upon its petition, and where the Board has granted relief upon the complaint, we must assume that the law has been complied with. Omnia praesumuntur rite esse acta. United States v. Chemical Foundation, 272 U.S. 1, 14-15, 47 S.Ct. 1, 71 L.Ed. 131; Smith v. St. Louis & S. W. Ry. Co., 181 U.S. 248, 258, 21 S.Ct. 603, 45 L.Ed. 847."

In answer to the claim that compliance must first be shown before the Board has jurisdiction to file complaint, hear the controversy, and enter its order, the court observed: "The company contends that compliance with the statutory provisions is jurisdictional and that compliance must be shown before the Board has jurisdiction to proceed. There is nothing in the language of the statute expressly requiring this; and if such view were to be taken, it would greatly hamper the administration of the act, since it would be incumbent upon the general counsel to show compliance, not only with the requirements as to filing affidavits but also with those requiring the giving of notice to members; and this he would have to do in every case, even though there were no question as to compliance. Surely nothing of the sort was contemplated in the passage of the statute; and it is well settled that the courts will not construe a statute in such way as to make it administratively unworkable if any other construction is possible. Haggar v. Helvering, 308 U.S. 389, 394, 60 S.Ct. 337, 84 L.Ed. 340; Gruver v. Com'r, 4 Cir., 142 F.2d 363, 366; Fides v. Com'r, 4 Cir., 137 F.2d 731. We think it clear that the requirement of the statute goes, not to the jurisdiction of the Board, but to the standing of the union to ask relief before it. As said by Mr. Justice Holmes in Fauntleroy v. Lum, 210 U.S. 230, 235, 28 S.Ct. 641, 642, 52 L.Ed. 1039: `No doubt it sometimes may be difficult to decide whether certain words in a statute are directed to jurisdiction or to merits, but the distinction between the two is plain. One goes to the power, the other only to the duty, of the court. * * * Whether a given statute is intended simply to establish a rule of substantive law, and thus to define the duty of the court, or is meant to limit its power, is a question of construction and common sense.'"

In addition to the persuasiveness of the foregoing opinion, other sections of the statute, and the report of the Congressional Committee provided thereunder, are illuminating in arriving at a determination whether the failure to allege or prove compliance of the union with Section 9(f), (g) and (h) of the Act was a jurisdictional condition precedent.

Among the most important provisions of the Labor-Management Relations Act of 1947 was the creation of "a joint congressional committee to be known as the Joint Committee on Labor-Management Relations * * *, and to be composed of seven Members of the Senate Committee on Labor and Public Welfare, to be appointed by the President pro tempore of the Senate, and seven Members of the House of Representatives Committee on Education and Labor, to be appointed by the Speaker of the House of Representatives." It was further provided that the committee should elect a chairman and vice chairman from among its members, and, acting as a whole or by subcommittee, should conduct "a thorough study and investigation of the entire field of labor-management relations, including but not limited to —

"(1) the means by which permanent friendly cooperation between employers and employees and stability of labor relations may be secured throughout the United States;

"(2) the means by which the individual employee may achieve a greater productivity and higher wages, including plans for guaranteed annual wages, incentive profit-sharing and bonus systems;

"(3) the internal organization and administration of labor unions, with special attention to the impact on individuals of collective agreements requiring membership in unions as a condition of employment;

"(4) the labor relations policies and practices of employers and associations of employers;

"(5) the desirability of welfare funds for the benefit of employees and their relation to the social-security system;

"(6) the methods and procedures for best carrying out the collective bargaining processes, with special attention to the effects of industry-wide or regional bargaining upon the national economy;

"(7) the administration and operation of existing Federal laws relating to labor relations; and

"(8) such other problems and subjects in the field of labor-management relations as the committee deems appropriate."

The purpose of the Committee, in making a thorough study and investigation of the entire field of labor-management relations, was to submit a report and recommendations for legislation, and the Act provided:

"The committee shall report to the Senate and the House of Representatives not later than March 15, 1948, the results of its study and investigation, together with such recommendations as to necessary legislation and such other recommendations as it may deem advisable, and shall make its final report not later than January 2, 1949." Sections 401, 402, 403 of the Labor-Management Relations Act of 1947.

The Joint Committee on Labor-Management Relations made its report to Congress in 1948 (Senate Report 986, Part 3, 80th Cong., 2d Sess., page 45) and embodied its conclusions with respect to the non-Communist affidavit requirement, as follows:

"The committee believes that the non-Communist affidavit...