Ames Baldwin Wyoming Co. v. National Labor R. Board, 3766.

Decision Date01 November 1934
Docket NumberNo. 3766.,3766.
Citation73 F.2d 489
PartiesAMES BALDWIN WYOMING CO. v. NATIONAL LABOR RELATIONS BOARD.
CourtU.S. Court of Appeals — Fourth Circuit

H. S. Boreman, of Parkersburg, W. Va., and John E. Laughlin, Jr., of Pittsburgh, Pa. (Thorp, Bostwick, Reed & Armstrong, Earl F. Reed, and C. M. Thorp, Jr., all of Pittsburgh, Pa., on the brief), for petitioner.

Wendell Berge, Sp. Asst. to the Atty. Gen., and Robert B. Watts, Sp. Counsel, National Labor Relations Board, of New York City (Harold M. Stephens, Asst. Atty. Gen., on the brief), for respondent.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

On September 19, 1934, Ames Baldwin Wyoming Company, a Delaware corporation, having its principal place of business in Parkersburg, W. Va., filed in this court a petition wherein it prayed that the court set aside, vacate, and annul an order of the National Labor Relations Board of September 17, 1934, purporting to require the petitioner to co-operate in the holding of an election by its employees of representatives for purposes of collective bargaining under the National Industrial Recovery Act of June 16, 1933, c. 90, title 1 (15 USCA § 701 et seq.). The grounds upon which the petitioner relies for relief are that title 1 of said act and Public Resolution No. 44 of the 73rd Congress, approved June 19, 1934 (15 USCA §§ 702a-702f), pursuant to which the Labor Board was created, are void and unconstitutional, in that they contravene the Fifth and Tenth Amendments to the Constitution of the United States; and also that the Board had made certain findings of fact not supported by competent evidence condemning the actions of the petitioner in connection with an election previously held at the plant of the petitioner in Parkersburg on June 25, 1934, for the selection of such representatives by the employees. The findings and conclusions of the Board, after setting out certain actions of the company which were held to be willful interference with self-organization on the part of the employees, contained the following:

"Conclusions.

"The Ames Baldwin Wyoming Company has interfered with the self-organization of its employees in violation of section 7 (a) of the National Industrial Recovery Act (15 USCA § 707 (a).

"It is in the public interest that an election by a secret ballot of the employees of the Ames Baldwin Wyoming Company be had to determine by what person or persons or organization they desire to be represented for the purpose of collective bargaining as defined in section 7 (a) of the National Industrial Recovery Act and incorporated in Public Resolution No. 44 of the 73rd Congress.

"Enforcement.

"Unless within five days from the date of this decision, the company has notified this Board that it will cooperate with this Board in the holding of an election by its employees who were on the pay roll June 25, 1934, except those who are now regularly employed elsewhere, and those who should be disqualified because of violence in the existing strike, the date and location of the election, and the qualification of voters, to be determined by this Board; and that for the purpose of said election it will submit to a representative of this Board its pay roll as of June 25, 1934, the case will be referred to the Compliance Division of the National Recovery Administration and to other agencies of the Government for appropriate action.

"Order for Election.

"This proceeding, having been duly heard by the National Labor Relations Board upon the petition of local union No. 18658, A. F. of L., and upon testimony and evidence received at Parkersburg, West Virginia, on August 23, 1934, and at Washington, D. C., on September 6, 1934, and the Board having herewith made its decision, findings of fact, and its conclusion that it appears to be in the public interest so to do, now therefore it is,

"Ordered that at a time to be designated by this Board and under the supervision of its representative, an election by a secret ballot of those employees of the Ames Baldwin Wyoming Company...

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3 cases
  • MICHIGAN PUB. SERV. COM. v. United States
    • United States
    • U.S. District Court — Western District of Michigan
    • 15 Mayo 1958
    ...Court of Appeals. Chamber of Commerce of Minneapolis v. Federal Trade Comm., 8 Cir., 280 F. 45, 48; Ames Baldwin Wyoming Co. v. National Labor Relations Board, 4 Cir., 73 F.2d 489, 490; Jones v. Securities & Exchange Comm., 2 Cir., 79 F.2d 617, 619; Id., 298 U.S. 1, 14, 56 S.Ct. 654, 657, 8......
  • Federal Power Commission v. Metropolitan Edison Co
    • United States
    • U.S. Supreme Court
    • 23 Mayo 1938
    ...the Circuit Court of Appeals. Chamber of Commerce v. Federal Trade Commission, 8 Cir., 280 F. 45, 48; Ames Baldwin Wyoming Co. v. National Labor Relations Board, 4 Cir., 73 F.2d 489, 490; Jones v. Securities and Exchange Commission, 2 Cir., 79 F.2d 617, 619; Id., 298 U.S. 1, 14, 56 S.Ct. 65......
  • CUPPLES COMPANY MANUF'RS v. National Labor R. Board
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 12 Junio 1939
    ...American Federation of Labor v. N. L. R. B. No. 7257, App. D.C., 103 F.2d 933, opinion filed February 27, 1939; Ames Baldwin Wyoming Co. v. N. L. R. B., 4 Cir., 73 F.2d 489; United Employees' Ass'n v. N. L. R. B., 3 Cir., 96 F.2d 2. Section 644, Title 28 U.S.C.A., provides that, "In any cas......

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