National Labor Relations Board v. J. Freezer & Son, No. 4239.

CourtU.S. Court of Appeals — Fourth Circuit
Writing for the CourtPER CURIAM
Citation95 F.2d 840
PartiesNATIONAL LABOR RELATIONS BOARD v. J. FREEZER & SON, Inc.
Docket NumberNo. 4239.
Decision Date05 April 1938

95 F.2d 840 (1938)

NATIONAL LABOR RELATIONS BOARD
v.
J. FREEZER & SON, Inc.

No. 4239.

Circuit Court of Appeals, Fourth Circuit.

April 5, 1938.


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

Charles Fahy, Gen. Counsel, National Labor Relations Board, of Washington, D. C. (Robert B. Watts, Associate Gen. Counsel, Thomas I. Emerson, and Lawrence Hunt, all of Washington, D. C., Attys., National Labor Relations Board, on the brief), for petitioner.

Albert F. Beasley and Wilson L. Townsend, both of Washington, D. C. (John B. Spiers, of East Radford, Va., and Brashears, Townsend, O'Brien & Beasley, of Washington, D. C., on the brief), for respondent.

PER CURIAM.

This is a petition for a decree enforcing an order of the National Labor Relations Board. Three questions are presented for our consideration: (1) Whether the respondent is subject to the provisions of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq.; (2) whether there was evidence justifying the finding of the Board that respondent had discriminated against three employees on account of union membership and activities; and (3) whether the portion of the order is justified which directs respondent to withdraw recognition from an employees' association and disestablish it as a

95 F.2d 841
bargaining agency. We think that all of these questions must be answered in the affirmative

On the first question, it appears that respondent is a corporation engaged in the manufacture of men's shirts at Radford, Va. It employs about 450 persons; and its sales in 1933 were $663,086.57; in 1934, $1,267,791.99; and in 1935, $847,164.00. About 80 per cent. of the raw materials which it uses come from states other than Virginia and practically all of its products are shipped outside the state and are sold through its New York office. We may say of it, as we did of the Jeffery-De Witt Insulator Company, that "both with respect to its purchase of raw materials and its sale of finished products, it is engaged in interstate commerce, and its share of this commerce would be substantially burdened and interfered with by strikes among its employees, even though these employees are engaged in manufacturing." It is therefore subject to the provisions of the act. Jeffery-De Witt Insulator Co. v. National Labor Relations Board, 4 Cir., 91 F.2d 134, 112 A.L.R. 948; National Labor Relations Board v. Friedmann-Harry Marks Clothing Co., 301 U.S. 58, 57 S.Ct. 645, 630, 81 L.Ed. 921, 108...

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12 practice notes
  • National Labor Relations Board v. Crowe Coal Co., No. 435
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 26 Junio 1939
    ...Board v. Pennsylvania Greyhound Lines, Inc., 3 Cir., 91 F.2d 178; National Labor Relations Board v. J. Freezer & Sons, Inc., 4 Cir., 95 F.2d 840; National Labor Relations Board v. Wallace Mfg. Co., 4 Cir., 95 F.2d 818; Clover Fork Coal Company v. National Labor Relations Board, 6 Cir., 97 F......
  • National Labor Relations Board v. AS Abell Co., No. 4329.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 14 Julio 1938
    ...Labor Relations Board v. Wallace Mfg. Co., Inc., 4 Cir., 95 F.2d 818; National Labor Relations Board v. J. Freezer & Sons, 4 Cir., 95 F.2d 840; National Labor Relations Board v. Carlisle Lumber Co., 9 Cir., 94 F.2d 138 and National Labor Relations Board v. Oregon Worsted Co., 9 Cir., 96 F.2......
  • Newport News S. & Dry Dock Co. v. NATIONAL LABOR R. BD., No. 4390.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 28 Febrero 1939
    ...58 S.Ct. 577, 82 L.Ed. 838, and has been followed and applied by this court in National Labor Relations Board v. J. Freezer & Son, 4 Cir., 95 F.2d 840; National Labor Relations Board v. Wallace Mfg. Co., 4 Cir., 95 F.2d 818, 819; National Labor Relations Board v. Eagle Mfg. Co., 4 Cir., 99 ......
  • Kansas City Power & L. Co. v. National Labor R. Board, No. 445.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 21 Mayo 1940
    ...in considering the attitude of petitioner toward outside unions. Compare National Labor Relations Board v. J. Freezer & Son, 4 Cir., 95 F.2d 840, 841, It was a fair conclusion that something in connection with his union activities had influenced the petitioner in its Notices. A provision in......
  • Request a trial to view additional results
12 cases
  • National Labor Relations Board v. Crowe Coal Co., No. 435
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 26 Junio 1939
    ...Board v. Pennsylvania Greyhound Lines, Inc., 3 Cir., 91 F.2d 178; National Labor Relations Board v. J. Freezer & Sons, Inc., 4 Cir., 95 F.2d 840; National Labor Relations Board v. Wallace Mfg. Co., 4 Cir., 95 F.2d 818; Clover Fork Coal Company v. National Labor Relations Board, 6 Cir., 97 F......
  • National Labor Relations Board v. AS Abell Co., No. 4329.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 14 Julio 1938
    ...Labor Relations Board v. Wallace Mfg. Co., Inc., 4 Cir., 95 F.2d 818; National Labor Relations Board v. J. Freezer & Sons, 4 Cir., 95 F.2d 840; National Labor Relations Board v. Carlisle Lumber Co., 9 Cir., 94 F.2d 138 and National Labor Relations Board v. Oregon Worsted Co., 9 Cir., 96 F.2......
  • Newport News S. & Dry Dock Co. v. NATIONAL LABOR R. BD., No. 4390.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 28 Febrero 1939
    ...58 S.Ct. 577, 82 L.Ed. 838, and has been followed and applied by this court in National Labor Relations Board v. J. Freezer & Son, 4 Cir., 95 F.2d 840; National Labor Relations Board v. Wallace Mfg. Co., 4 Cir., 95 F.2d 818, 819; National Labor Relations Board v. Eagle Mfg. Co., 4 Cir., 99 ......
  • Kansas City Power & L. Co. v. National Labor R. Board, No. 445.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 21 Mayo 1940
    ...in considering the attitude of petitioner toward outside unions. Compare National Labor Relations Board v. J. Freezer & Son, 4 Cir., 95 F.2d 840, 841, It was a fair conclusion that something in connection with his union activities had influenced the petitioner in its Notices. A provision in......
  • Request a trial to view additional results

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