Fruehauf Trailer Co. v. National Labor Relations Board
| Decision Date | 30 June 1936 |
| Docket Number | 7297.,No. 7291,7291 |
| Citation | 85 F.2d 391 |
| Parties | FRUEHAUF TRAILER CO. v. NATIONAL LABOR RELATIONS BOARD. NATIONAL LABOR RELATIONS BOARD v. FRUEHAUF TRAILER CO. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Victor W. Klein, of Detroit, Mich. (Thomas G. Long, Rockwell T. Gust, and John C. Bills, all of Detroit, Mich., on the brief), for Fruehauf Trailer.
Stanley Reed and Charles Fahy, both of Washington, D. C. (Thomas I. Emerson, Warner W. Gardner, Charles A. Horsky, Philip Levy, and Garnet L. Patterson, all of Washington, D. C., on the brief), for National Labor Relations Board.
Before MOORMAN, HICKS, and SIMONS, Circuit Judges.
The National Labor Relations Board has filed a petition in this court to enforce an order issued by it in proceedings which it instituted against the Fruehauf Trailer Company. The order directs the trailer company to cease and desist from discharging or threatening to discharge any of its employees because of their activities in connection with the United Automobile Workers Federal Labor Union No. 19,375, to cease discouraging its employees from becoming members of that union, to offer to certain of its former employees immediate and full reinstatement in their former positions without prejudice to their seniority rights, to make such employees whole for any losses of pay that they have suffered by reason of their discharge by paying them what they would have earned as wages from the dates of their discharges, and to post notices throughout its Detroit plant, in conspicuous places, stating that it has ceased and desisted from discharging or threatening to discharge its employees for joining the United Automobile Workers Federal Labor Union No. 19,375. The Fruehauf Trailer Company has filed its petition seeking a review of the order and praying that the court set it aside. The record of the proceeding before the Labor Board has been filed and the two petitions have been heard together in this court.
The Fruehauf Trailer Company is a corporation organized and existing under the laws of the state of Michigan and is engaged in the manufacture, assembly, and sale of automobile trailers at its plant in Detroit, Mich. The material and parts used in the manufacture and production of the trailers are shipped to the plant. After the trailers are manufactured, many of them are shipped to other states for sale and use. The order in question undertakes to regulate and control the trailer company's relations and dealings...
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...at all, indirectly. National Labor Relations Board v. Jones & Laughlin Steel Corp., 5 Cir., 83 F.2d 998; Fruehauf Trailer Co. v. National Labor Relations Board, 6 Cir., 85 F.2d 391; and National Labor Relations Board v. Friedman-Harry Marks Clothing Co., 2 Cir., 85 F.2d 1. However, in a ser......
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...employers engaged in manufacturing. See NLRB v. Jones and Laughlin Steel Corp., 83 F.2d 998 (5th Cir. 1936); Fruehauf Trailer Co. v. NLRB, 85 F.2d 391 (6th Cir. 1936). The Fifth Circuit in Jones and Laughlin wrote that "the Board has no jurisdiction over a labor dispute between employer and......