National Labor Relations Bd. v. NORFOLK S. & D. CORP., 4545.

Citation109 F.2d 128
Decision Date08 January 1940
Docket NumberNo. 4545.,4545.
CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)

Gerhard Van Arkel, Atty., National Labor Relations Board, of Washington, D. C. (Charles Fahy, Gen. Counsel, Robert B. Watts, Associate Gen. Counsel, Laurence A. Knapp, Asst. Gen. Counsel, and Samuel Edes and William F. Guffey, Jr., Attys., National Labor Relations Board, all of Washington, D. C., on the brief), for petitioner.

Leon T. Seawell, of Norfolk, Va., for respondent.

Before PARKER and SOPER, Circuit Judges, and COLEMAN, District Judge.

PARKER, Circuit Judge.

This is a petition to enforce an order of the National Labor Relations Board issued against the Norfolk Shipbuilding and Dry Dock Corporation. Three questions are presented for our consideration: (1) Whether, in view of the character of respondent's business, there was jurisdiction on the part of the Board to enter the order; (2) Whether the findings of the Board with respect to respondent's dominance of and interference with an employees' association, which it ordered disestablished as a bargaining agency, were supported by substantial evidence; and (3) whether the finding as to the discriminatory discharge of one Creecy was so supported.

Little need be said as to the first question. Respondent is chiefly engaged in repairing and overhauling vessels which are used in interstate and foreign commerce, and during the year 1937 it repaired four hundred and forty-four vessels at an aggregate billing price in excess of $1,000,000. Of this amount, sixty-three per cent was for repairs on vessels engaged in interstate commerce and twenty-six per cent was for repairs on vessels owned and operated by foreign shipping interests. In making the repairs, respondent used materials of a value of $250,000, ten per cent of which was purchased from without the state and the remainder had been brought into the state in interstate commerce prior to purchase. A stoppage of the operations of respondent by industrial strife would result, therefore, in substantial interference with the free flow of interstate commerce, both because of interference with purchases of materials and also, and chiefly, because of interference with repairs necessary to the continued operation of vessels used in interstate commerce. Newport News Shipbuilding & Dry Dock Co. v. National Labor Relations Board, 4 Cir., 101 F.2d 841; Consolidated Edison Co. v. National Labor Relations Board, 305 U.S. 197, 59 S.Ct. 206, 83 L.Ed. 126; Virginian R. Co. v. System Federation No. 40, 300 U.S. 515, 57 S.Ct. 592, 81 L.Ed. 789.

On the second question, it appears that the employees' association was organized through the efforts of one Bozarth, a lumber inspector, whose position with respondent was one of supervisory character although he had supervision of only a few employees. Bozarth was assisted in organizing the association by employees of respondent who were designated for this service by the foremen under whom they worked. Respondent permitted solicitation for membership in the association to be made during working hours, and an assistant foreman was shown to have distributed applications for membership. Meetings of the association were permitted on respondent's property and in a room the key of which was held by Bozarth. Respondent's stationery and mimeographing machine were used by Bozarth without objection. The association was organized shortly after an attempt was made to organize respondent's employees by an outside union; and Bozarth made no secret of the fact that his purpose in organizing it was to forestall organization by the union. Its by-laws, modelled upon those of the employees' association of the Newport News Shipbuilding & Dry Dock Co., provided for agreement by respondent before action by the governing body of the association should "be final and become effective". Respondent recognized the association as a bargaining agency for employees immediately upon its organization without going to the trouble to ascertain whether or not it represented a majority. Notice of an agreement with the association affecting wages and hours of work was immediately posted by respondent, and the association was credited with having secured by negotiation the advantages therein accorded. All of this was in marked contrast with the treatment accorded organizers of an outside union, who were not permitted to solicit members during working hours and were ordered off the premises.

We pass, without deciding, the question as to whether the provision in the by-laws of the association to which we have adverted is not sufficient of itself to show lack of that complete...

To continue reading

Request your trial
13 cases
  • Bethlehem Shipbuilding Corp. v. National LR Board
    • United States
    • U.S. Court of Appeals — First Circuit
    • October 8, 1940
    ...Relations Board, 4 Cir., 101 F.2d 841, on certiorari, 308 U.S. 241, 60 S.Ct. 203, 84 L.Ed. 219; National Labor Relations Board v. Norfolk Shipbuilding & Drydock Corp., 4 Cir., 109 F.2d 128. All that was necessarily decided by this court in Myers v. Bethlehem Shipbuilding Corp., 1 Cir., 89 F......
  • Willapoint Oysters v. Ewing
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 3, 1949
    ...Trade Commission v. Algoma Lumber Co., 1934, 291 U.S. 67, 73, 54 S.Ct. 315, 78 L.Ed. 655. 26 Cf. N. L. R. B. v. Norfolk Shipbuilding & Drydock Corp., 4 Cir., 1940, 109 F.2d 128, 130; N. L. R. B. v. Empire Furniture Corp., 6 Cir., 1939, 107 F.2d 92, 94; Appalachian Electric Power Co. v. N. L......
  • National Labor Relations Board v. Stowe Spinning Co
    • United States
    • U.S. Supreme Court
    • February 28, 1949
    ...94 F.2d 138 (company union given preference over Board-certified bargaining representative); National Labor Relations Board v. Norfolk Shipbuilding & Drydock Corporation, 4 Cir., 109 F.2d 128 (recognition of inside union without ascertaining employees' wishes—inside union given use of compa......
  • National Labor Relations Board v. Stowe Spinning Co.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • December 22, 1947
    ...R. B. v. Carlisle Lumber Co., 9 Cir., 94 F.2d 138; N. L. R. B. v. Christian Board, 8 Cir., 113 F. 2d 678; N. L. R. B. v. Norfolk Shipbuilding & Drydock Corp., 4 Cir., 109 F. 2d 128, enf. as mod. 12 N.L.R.B. 886. 33 "N. L. R. B. v. American Mfg. Co., 2 Cir., 106 F.2d 61, enf. as mod. 5 N.L. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT