National Labor Relations Bd. v. Arcade-Sunshine Co., 7598.

Decision Date23 October 1941
Docket NumberNo. 7598.,7598.
Citation74 App. DC 361,122 F.2d 964
PartiesNATIONAL LABOR RELATIONS BOARD v. ARCADE-SUNSHINE CO., Inc.
CourtU.S. Court of Appeals — District of Columbia Circuit

For petitionerNational Labor Relations Board:

Robert B. Watts and Leslie Clifford, both of Washington, D. C., pro hac vice, by special lease of Court, for the National Labor Relations Board.

Edmund M. Toland and Alvin L. Newmyer, both of Washington, D. C., for respondent.

Before GRONER, Chief Justice, and VINSON and EDGERTON, Associate Justices.

PER CURIAM.

This is a petition for an order to adjudge respondent, Arcade-Sunshine Co., Inc., and a number of its officers and agents in contempt of this court for violations of its decree entered December 9, 1940, 118 F.2d 49. The decree affirmed an order of the Labor Board, requiring the corporation, its officers, agents, successors and assigns, (a) to reinstate one William Jones in his former position; (b) to cease and desist from discouraging membership in Laundry Workers, Cleaners and Dyers Union or any other labor organization of its employees by discharging or refusing to reinstate any employee or discriminating against him in regard to hire or tenure or terms of employment; and (c) to cease and desist from interfering with, restraining, or coercing employees in the exercise of their right of self-organization and their right to bargain collectively. The order required the corporation to post notices that it would not engage in conduct from which it was ordered to cease and desist.

The Board's petition charges that the corporation and certain of its named officers and agents have disobeyed and resisted the decree and have discharged certain named employees because of union activities and affiliation, and granted wage increases to other employees to the end of discouraging membership in the union; warned employees against joining the union and threatened them with dismissal; informed employees that the company would go out of business before it would recognize the union; disparaged the union and union members; accused union members of disloyalty; imposed new restrictions on union members; threatened to replace workers by machines and colored workers with white workers, if the former joined the union; promised night employees day work if they would not join the union; urged employees not to attend union meetings; coerced employees into signing a petition indicating opposition to the union; questioned employees about union membership, attendance at meetings, and other union affairs; warned employees that they had knowledge of meetings and attendance thereat; engaged in espionage for the purpose of interfering with the right of organization; sought to set up and recognize an employees' union for the purpose of discouraging membership in a national union and the exercise by its employees of rights guaranteed by Section 7 of the National Labor Relations Act, 29 U. S.C.A. § 157; and encouraged individual workers on strike to abandon the union and return to work, and promised them wage increases for doing so, and a bonus for persuading others to do so. All of these alleged acts are so related in their general nature to those enjoined in our decree as to make evidence in relation to them relevant on this inquiry.

The Board specifically charged that William Jones was not re-employed in substantially...

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5 cases
  • United States v. United Mine Workers of America Same v. Lewis, John United Mine Workers of America v. United States Lewis, John v. Same United Mine Workers of America v. Same
    • United States
    • U.S. Supreme Court
    • March 6, 1947
    ...United States, 8 Cir., 1932, 59 F.2d 929; Kelly v. United States, 9 Cir., 1918, 250 F. 947; see National Labor Relations Board v. Arcade-Sunshine Co., 1941, 74 App.D.C. 361, 122 F.2d 964, 965. 64 It could be well argued that the use of the word 'punished' in the petition and rule to show ca......
  • Van Sweringen v. Van Sweringen
    • United States
    • New Jersey Superior Court — Appellate Division
    • March 4, 1955
    ...with that knowledge but was sufficient to satisfy the demands of the rule. Cf. In re Merrill, supra; In re Fletcher, supra; N.L.R.B. v. Arcade-Sunshine Co., supra; Baumgartner v. Joughin, 107 Fla. 858, 143 So. 436 Thus we are brought to appellant's attack on the sufficiency of the evidence ......
  • NLRB v. Trans Ocean Export Packing, Inc.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 16, 1973
    ...ability to comply is that the Board's amended petition is not verified. Respondents refer to N.L.R.B. v. Arcade-Sunshine Co., Inc., 74 U.S.App.D.C. 361, 122 F.2d 964, 965 (1941), where the court said that it was sufficient if such a petition is verified by the Board on information and In th......
  • NW Controls, Inc. v. Outboard Marine Corporation, Civ. A. No. 3730.
    • United States
    • U.S. District Court — District of Delaware
    • October 18, 1972
    ...F.2d 149, 152 (C.A. 1, 1956), cert. den. 352 U.S. 912, 77 S.Ct. 150, 1 L.Ed.2d 119 (1956); National Labor Relations Board v. Arcade-Sunshine Co., Inc., 74 App.D.C. 361, 122 F. 2d 964, 965 (1941). Thus before the Court will permit the discovery sought here, N.W. must at least present a prima......
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