National Labor Relations Board v. Russell Mfg. Co., 13104.
| Decision Date | 10 May 1951 |
| Docket Number | No. 13104.,13104. |
| Citation | 187 F.2d 296 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. RUSSELL MFG. Co., Inc., et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Arnold Ordman, Attorney, A. Norman Somers, Asst. General Counsel, David P. Findling, Associate General Counsel, National Labor Relations Board, all of Washington, D. C., for petitioner.
John Wesley Weekes, Decatur, Ga., Richard H. Cocke, J. Sanford Mullins, Alexander City, Ala., for respondent.
Before HOLMES, BORAH, and RUSSELL, Circuit Judges.
Rehearing Granted May 10, 1951. See 187 F.2d 336.
This case is before the court on petition of the National Labor Relations Board, seeking enforcement of its order against the respondents, directing both the corporate and individual respondents to cease and desist from certain unfair labor practices and to post notices to that effect. The order further directed the corporate respondents to reinstate and make whole certain former employees; and to reinstate two employees to their position from which they were alleged to have been demoted and make them whole for any loss of pay that may have been suffered by them.
The Board found that both the corporate and individual respondents had separately violated Section 8(1) of the Act1 by interfering with, restraining, and coercing the Russell Mills employees in the exercise of their self-organizational and collective bargaining rights guaranteed by Section 7; that the individual respondents were acting, with regard to their anti-union activities, as agents of the corporate respondents, and as such, made not only the corporate respondents liable for their acts, but made themselves employers within the meaning of Section 2(2) of the Act, and subject to the Board's sanctions; that the corporate respondents had violated Section 8(2) by dominating the plant-recreation committee, so as to make it a company dominated union within the meaning of the Act; that the corporate respondents violated Section 8(3) of the Act by discriminating against seven of their employees with respect to the terms and conditions of their employment. Considering the record as a whole, there is substantial evidence to support the Board's findings except that part which found the individual respondents to be agents of the corporate respondents.
The term "employer" is defined in the Act to include any person acting in the interest of an employer, directly or indirectly, but does not include the United States, or any State or political subdivision thereof. In order to make the individual respondents subject to the sanctions of the Board, it is necessary to bring them within the purview of Section 8(2), which defines the term "employer." If the individual respondents were not agents of the corporate respondents, or did not act in their interest with their knowledge and consent, expressly or impliedly, then they are not employers or persons acting in the employer's interest within the meaning of the Act, and the Board is powerless to issue an order...
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National Labor Relations Board v. Russell Mfg. Co.
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