301 U.S. 142 (1937), 469, Washington, Virginia & Maryland Coach Co. v. National Labor Relations Board

Docket NºNo. 469
Citation301 U.S. 142, 57 S.Ct. 648, 81 L.Ed. 965
Party NameWashington, Virginia & Maryland Coach Co. v. National Labor Relations Board
Case DateApril 12, 1937
CourtUnited States Supreme Court

Page 142

301 U.S. 142 (1937)

57 S.Ct. 648, 81 L.Ed. 965

Washington, Virginia & Maryland Coach Co.

v.

National Labor Relations Board

No. 469

United States Supreme Court

April 12, 1937

Argued February 10, 1937

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. A corporation engaged in the business of transporting passengers and express, for hire, between points in the District of Columbia and points in Virginia, held an instrumentality of interstate commerce and subject to provisions of the National Labor Relations Act against discharge of employees because of their membership in a union and their advocacy of collective bargaining. P. 146.

2. The National Labor Relations Act limits the jurisdiction of the National Labor Relations Board to instances within the commerce power, and its orders in excess of its jurisdiction may be challenged by any party aggrieved. P. 146.

3. Claims not made in the petition for certiorari are not open for decision. P. 146.

4. Findings of the National Labor Relations Board upon matters within its jurisdiction will not be reversed or modified unless clearly improper or unsupported by substantial evidence. P. 147.

5. An order of the National Labor Relations Board requiring a common carrier by motor to reinstate in its employment several drivers and garage mechanics found by the Board to have been discharged because of their membership in a union, and to make good the losses of pay due to their discharge, and directing the carrier to post notices of its intention to comply with the Board's order, held valid upon the authority of Labor Board v. Jones & Laughlin Steel Corp., ante p. 1. P. 147.

85 F.2d 990 affirmed.

Certiorari, 299 U.S. 533, to review a judgment for enforcement of an order of the National Labor Relations Board, entered by the court below upon petition of the Board under the National Labor Relations Act.

Page 144

ROBERTS, J., lead opinion

MR. JUSTICE ROBERTS delivered the opinion of the Court.

In this case, the petitioner, an operator of motor busses for the transportation of passengers and express for hire between points in the District of Columbia and in the state of Virginia, challenges the enforcement of the National Labor Relations Act against it as in contravention of the commerce clause and the Fifth and Seventh Amendments of the Constitution.

Pursuant to a written charge filed with the National Labor Relations Board by Local No. 1079 of the Amalgamated Association of Street, Electric Railway, and Motor Coach Employees of America, a labor organization, [57 S.Ct. 649] the Board issued a complaint alleging that the petitioner had discharged and refused to reinstate certain drivers and garage workmen because of their membership and activity in Local No. 1079, and that this constituted engaging in unfair labor practices affecting commerce within the intent of § 8, subsections (1) and (3), and § 2, subsections (6) and (7) of the National Labor Relations Act.1 The petitioner appeared specially and filed a motion to dismiss the complaint on constitutional grounds, and, without waiving its objections to the

Page 145

Board's jurisdiction, filed an answer substantially admitting the allegations of the complaint with respect to the interstate character of its business, admitting the discharge and refusal to reinstate the employees mentioned in the complaint, and alleging that its action was motivated by the employees' inefficiency, and not affected by their membership or activity in the union. The Board overruled the objections to its jurisdiction, fully heard the case, received evidence offered by both parties, and, at the conclusion of the hearing, denied...

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96 practice notes
  • 134 F.2d 633 (D.C. Cir. 1943), 7948, American Gas & Electric Co. v. S.E.C.
    • United States
    • United States Court of Appeals (District of Columbia)
    • February 1, 1943
    ...shall be conclusive,' means supported by substantial evidence. Washington, V. & M. Coach Co. v. National Labor Relations Board, 1937, 301 U.S. 142, 147, 57 S.Ct. 648, 81 L.Ed. 965. Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind m......
  • Lost fidelities.
    • United States
    • William and Mary Law Review Vol. 41 Nbr. 1, December 1999
    • December 1, 1999
    ...(147.) See Virginian Ry. Co. v. System Fed'n No. 40, 300 U.S. 515, 563 (1937). (148.) See Washington, Va. & Md. Coach Co. v. NLRB, 301 U.S. 142, 146 (1937). (149.) See NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 76 (1937) (McReynolds, J., dissenting). (150.) Cf. Laura Kalman, ......
  • The jurisprudence of the Hughes Court: the recent literature.
    • United States
    • Notre Dame Law Review Vol. 89 Nbr. 5, May - May 2014
    • May 1, 2014
    ...of application of the National Labor Relations Act to various enterprises. See Washington, Va. & Md. Coach Co. v. NLRB, 301 U.S. 142 (1937); Associated Press v. NLRB, 301 U.S. 103 (1937); NLRB v. Friedman-Harry Marks Clothing Co., 301 U.S. 58 (1937); NLRB v. Fruehauf Trailer Co., 301 U.......
  • Court-packing and compromise.
    • United States
    • Constitutional Commentary Vol. 29 Nbr. 1, June 2013
    • June 22, 2013
    ...288 (1936). (65.) Virginian Railway Co. v. Federation, 300 U.S. 515 (1937). (66.) Washington, Virginia, & Maryland Coach Co. v. NLRB, 301 U.S. 142 (1937). (67.) Helvering v. Davis, 301 U.S. 619 (1937). (68.) Carter v. Carter Coal Co., 298 U.S. 238 (1936); United States v. Butler, 297 U.......
  • Request a trial to view additional results
5 cases
  • Baird-Ward Printing Co., Inc., (1954)
    • United States
    • July 29, 1954
    ...OF NATIONAL LABOR RELATIONS BOARDWe are not bound by findings not so supported.Washington,Virginia &Maryland Coach Company v. N. L. R. B.,301 U. S. 142, 57 S. Ct. 648, 81 L. Ed.965;Appalachian Elec. P. Co. v. N. L. R. B.,4 Cir., 93 F. 2d985.Substantialevidence is such relevant evidence as a......
  • Pereira Studio, (1949)
    • United States
    • May 13, 1949
    ...B. v. Fainblatt,306 U. S. 601;N. L. R. B. v BradfordDyeing A88'n.,310 U. S. 318.8Washington, Virginia & Maryland Coach Co. v. N. L. R. B.,301 U. S. 142;N. L R. B.v.Norfolk Shipbuilding and Drydock Corp.,109 F. (2d) 128 (C. C. A.4) ; SouthernColoradoPower Co. v. N.L. R B,111 F (2d) 539 (C. C......
  • Inter-City Advertising Co. of Greensboro, N.C., Inc., (1950)
    • United States
    • May 4, 1950
    ...L. R. B.,163 F.2d 22,cert.denied,332 U. S. 773;N. L. R. B. v. Washington, Virginiaand MarylandCoach Co.,85 F. 2d 990(C.A. 4),affirmed301 U. S. 142;The AmericanNational Bank of St. Paul v. N. L. It. B.,144 F.2d 268(C. A. 8) ; N. L. It. B. V. CenturyProjector Corporation,141 F. 2d 488 (C. A. ......
  • Humble Oil & Refining Co., (1939)
    • United States
    • October 18, 1939
    ...Press v. National Labor Relations Board,301 U. S. 103;Washington,Virginia and Maryland Coach Co. v. National Labor Relations Board,301 U. S. 142;Na-tional Labor Relations Board v. Jones&Laughlin Steel Corp.,301 U. S.1; National LaborRelations Board v. Friedman-Harry Marks Clothing Co.(2 cas......
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7 books & journal articles
  • Court-packing and compromise.
    • United States
    • Constitutional Commentary Vol. 29 Nbr. 1, June 2013
    • June 22, 2013
    ...288 (1936). (65.) Virginian Railway Co. v. Federation, 300 U.S. 515 (1937). (66.) Washington, Virginia, & Maryland Coach Co. v. NLRB, 301 U.S. 142 (1937). (67.) Helvering v. Davis, 301 U.S. 619 (1937). (68.) Carter v. Carter Coal Co., 298 U.S. 238 (1936); United States v. Butler, 297 U.......
  • The jurisprudence of the Hughes Court: the recent literature.
    • United States
    • Notre Dame Law Review Vol. 89 Nbr. 5, May - May 2014
    • May 1, 2014
    ...of application of the National Labor Relations Act to various enterprises. See Washington, Va. & Md. Coach Co. v. NLRB, 301 U.S. 142 (1937); Associated Press v. NLRB, 301 U.S. 103 (1937); NLRB v. Friedman-Harry Marks Clothing Co., 301 U.S. 58 (1937); NLRB v. Fruehauf Trailer Co., 301 U.......
  • Lost fidelities.
    • United States
    • William and Mary Law Review Vol. 41 Nbr. 1, December 1999
    • December 1, 1999
    ...(147.) See Virginian Ry. Co. v. System Fed'n No. 40, 300 U.S. 515, 563 (1937). (148.) See Washington, Va. & Md. Coach Co. v. NLRB, 301 U.S. 142, 146 (1937). (149.) See NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 76 (1937) (McReynolds, J., dissenting). (150.) Cf. Laura Kalman, ......
  • The decline of legal classicism and the evolution of New Deal constitutionalism.
    • United States
    • Notre Dame Law Review Vol. 89 Nbr. 5, May - May 2014
    • May 1, 2014
    ...Marks Clothing Co., 301 U.S. 58 (1937); Associated Press v. NLRB, 301 U.S. 103 (1937); Wash., Va. & Md. Coach Co. v. NLRB, 301 U.S. 142 (1937) (all upholding the application of the National Labor Relations Act to intrastate activities of private companies engaged in interstate commerce)......
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