National Labor Relations Board v. Eagle Mfg. Co.

• Decision Date: 10 November 1938
• Docket Number: No. 4371.,4371.
• Citation: 99 F.2d 930
• Parties: NATIONAL LABOR RELATIONS BOARD v. EAGLE MFG. CO.
• Court: U.S. Court of Appeals — Fourth Circuit

99 F.2d 930 (1938)

NATIONAL LABOR RELATIONS BOARD v. EAGLE MFG. CO.

No. 4371.

Circuit Court of Appeals, Fourth Circuit.

November 10, 1938.

Robert B. Watts, Associate General Counsel, National Labor Relations Board, of Washington, D. C. (Charles Fahy, General Counsel, and Laurence A. Knapp and Leonard Appel, Attys., National Labor Relations Board, all of Washington, D. C., on the brief), for petitioner.

P. J. McGinley, of Wheeling, W. Va., and Abraham Pinsky, of Wellsburg, W. Va. (George G. Bailey, of Wheeling, W. Va., on the brief), for respondent.

Before NORTHCOTT and SOPER, Circuit Judges, and CHESNUT, District Judge.

NORTHCOTT, Circuit Judge.

National Labor Relations Board, in accordance with 49 Stat. 449, 29 U.S.C.A. § 151 et seq., prays the enforcement of an order, entered on the 7th day of April, 1938, directed to the Eagle Manufacturing Company, a West Virginia Corporation, engaged in the manufacture and sale of oilers, oil containers and specialties with its factory, offices and principal place of business at Wellsburg, West Virginia.

In October, 1937, the Steel Workers Organizing Committee on behalf of Lodge No. 1318, Amalgamated Association of Iron, Steel and Tin Workers of North America (hereinafter called the Lodge) filed charges before the Board alleging that the respondent had engaged in certain unfair labor practices affecting commerce as defined in the National Labor Relations Act.

The Board, after a hearing before an examiner and upon the evidence taken before him, found that the respondent was engaged in a business that subjected it to the jurisdiction of the Board and that the respondent had been guilty of unfair labor practices by efforts to discredit the Lodge and by initiating, urging the organization of, and supporting a company dominated union in violation of Section 8(2) of the Act, 29 U.S.C.A. § 158(2). The order of the Board required the employer to cease recognizing the company union and to post a notice to its employees stating that it would cease and desist from such unfair labor practices and comply with the order of the Board.

These questions are to be decided by this court: (1) Has the Board jurisdiction over the business of the respondent? (2) Did the employer engage in unfair labor practices by discouraging membership in the Lodge and by encouraging the formation of a company union? (3) Was that part of the order of the Board justified which required the employer to post notices to its employees stating that it would cease and desist in the manner aforesaid?

As to the first question, the undisputed facts show that the respondent is engaged in the manufacture and sale of oilers, oil containers and wrought iron specialties and that of the materials used in the manufacture of these articles about seventy-five per cent is received from outside the State of West Virginia, where its plant is located. Approximately ninety-five percent of the finished products is shipped to points outside the State of West Virginia. Respondent's business was around $750,000 for the year 1936 and it made sales through sales offices located in twenty-four different cities.

We are of the opinion, upon these facts, that the business of the respondent falls within the purview of the Act. There are a number of decisions that sustain the jurisdiction of the Board over similar businesses. National Labor Relations Board v. Jones & Laughlin Steel Corp., 301 U.S. 1, 57 S.Ct. 615, 81 L.Ed. 893, 108 A.L.R. 1352; National Labor Relations Board v. Fruehauf Trailer Company, 301 U.S. 49, 57 S.Ct. 642, 630, 81 L.Ed. 918, 108 A.L.R. 1352; National Labor Relations Board v. Friedman-Harry Marks Clothing...