303 U.S. 261 (1938), 413, National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc.

Docket Nº:No. 413
Citation:303 U.S. 261, 58 S.Ct. 571, 82 L.Ed. 831
Party Name:National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc.
Case Date:February 28, 1938
Court:United States Supreme Court
 
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Page 261

303 U.S. 261 (1938)

58 S.Ct. 571, 82 L.Ed. 831

National Labor Relations Board

v.

Pennsylvania Greyhound Lines, Inc.

No. 413

United States Supreme Court

Feb. 28, 1938

Argued February 4, 1938

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. Upon a finding that an employer has created and fostered a labor organization of employees and dominated its administration in violation of § 8(1), (2) of the National Labor Relations Act of July 5, 1935, the National Labor Relations Board has authority, under § 10(c) of the Act, in addition to ordering the employer to cease these practices, to require him to withdraw all recognition of the organization as the representative of his employees and to post notices informing them of such withdrawal. Pp. 263, 268.

2. Whether continued recognition by the employer of the employees' association would, in itself, be a continuing obstacle to the exercise of the employees' right of self-organization and to bargain collectively

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through representatives of their own choosing is an inference of fact to be drawn by the Board from the evidence reviewed in its subsidiary findings, and, when supported by evidence the Board's finding of the fact, is conclusive. P. 270.

3. The Board's findings in this case that the employer had engaged in unfair Labor practices, and that withdrawal of recognition of the employee association by the employer, accompanied by suitable publicity, would appropriately give effect to the policy of the Act, were amply supported by the evidence. P. 271.

4. To enable the Board to determine whether the employer had violated the statute or to make an appropriate order against him, the presence of the employees' association was not essential, and it was not entitled to notice and hearing. P. 271.

5. An order of the Board such as that requiring the employer to withdraw recognition of the employees' association and to post notice of such action, lawful when made, does not become moot because it is obeyed or because changing circumstances may lessen the need for it. P. 271.

91 F.2d 178 reversed.

Certiorari, 302 U.S. 676, to review a judgment denying in part a petition of the National Labor Relations Board for enforcement of an order.

STONE, J., lead opinion

MR. JUSTICE STONE delivered the opinion of the Court.

The main question for decision is whether, upon a finding that an employer has created and fostered a labor organization of employees and dominated its administration in violation of § 8(1), (2) of the National Labor Relations Act of July 5, 1935, c. 372, 49 Stat. 449, 29 U.S.C. § 151 et seq., the National Labor Relations Board, in addition to ordering the employer to cease these practices,

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can require him to withdraw all recognition of the organization as the representative of its employees and to post notices informing them of such withdrawal.

Respondent Pennsylvania Greyhound Lines, Inc., is a corporation operating a passenger motorbus system between the Atlantic Coast and Chicago and St. Louis. Respondent Greyhound Management Company, an affiliate of the Pennsylvania Company, performs various services relating to employee personnel of the latter and its affiliated corporations. Together, respondents act as employers of those employees working at the Pittsburgh Garage of the Pennsylvania Company and, together, [58 S.Ct. 573] actively deal with labor relations of those employees.

Upon charges filed by Local Division No. 1063, Amalgamated Association of Street, Electric Railway, and Motor Coach Employees of America, a labor organization, the Board issued its complaint, as permitted by § 10(b) of the Act, charging that respondents had engaged in specified unfair labor practices affecting interstate commerce in violation of § 8. After notice to respondents and hearing, the Board found that they had engaged in unfair labor practices by interfering with, restraining, and coercing employees in the exercise of their rights, guaranteed by § 7 in that they had dominated and interfered with the formation and administration of a labor organization of their employees, Employees Association of the Pennsylvania Greyhound Lines, Inc., and had contributed financial and other support to it in violation of § 8(1), (2).

The Board ordered that respondents cease each of the specified unfair labor practices. It further ordered that they withdraw recognition from the Employees Association as employee representative authorized to deal with respondents concerning grievances, terms of employment, and labor disputes, and that they post conspicuous notices in all the places of business where such employees are engaged,

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stating that the "Association is so disestablished, and that respondents will refrain from any such recognition thereof." 1 N.L.R.B. 1.

Upon the Board's petition under § 10(e) to enforce the order, heard April 1, 1936, the Court of Appeals for the Third Circuit gave judgment after...

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