National Labor Relations Board v. Pittsburgh Co, No. 42

CourtUnited States Supreme Court
Writing for the CourtFRANKFURTER
Citation71 S.Ct. 453,95 L.Ed. 479,340 U.S. 498
PartiesNATIONAL LABOR RELATIONS BOARD v. PITTSBURGH S.S. CO
Docket NumberNo. 42
Decision Date26 February 1951

340 U.S. 498
71 S.Ct. 453
95 L.Ed. 479
NATIONAL LABOR RELATIONS BOARD

v.

PITTSBURGH S.S. CO.

No. 42.
Argued Nov. 6, 1950.
Decided Feb. 26, 1951.

Page 499

Mr. Robert L. Stern, Washington, D.C., for petitioner.

Mr. Nathan L. Miller, New York City, for respondent.

Mr. Justice FRANKFURTER delivered the opinion of the Court.

We brought this case here because on an important phase in the administration of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., it was in conflict with National Labor Relations Board v. Universal Camera Corp., 2 Cir., 179 F.2d 749, just decided. Our decision in that case controls this. Since the court below applied what we have found to be the requisite standard in reviewing an order of the Labor Board, there remains only the contention that in any event there was no justification for the court below to find the Board's order to be unsupported 'by substantial evidence on the record considered as a whole.' This is an issue that does not call for extended discussion.

The case is before us for the second time. It arises from the petition of the Pittsburgh Steamship Company to review an order of the Board, entered August 13, 1946, directing it to reinstate a dismissed employee and to terminate what were found to be coercive and discriminatory labor practices. 69 N.L.R.B. 1395. The Court of Appeals originally denied enforcement on its finding that the order was vitiated by an underlying bias on the part of the trial examiner. 6 Cir., 167 F.2d 126. On certiorari, we rejected the Court of Appeals' conclusion that resolution of every controverted fact in favor of the Board

Page 500

established invalidating bias on the examiner's part. We also found that the record disclosed 'evidence substantial enough under the Wagner Act'. 337 U.S. 656, 661, 69 S.Ct. 1283, 1286, 93 L.Ed. 1602. That conclusion, it is proper to say, was reached on the assumption that under the Wagner Act substantiality was satisfied if there was evidence in the record in support of the Board's conclusions. But we remanded the case to the Court of Appeals to consider the effect on its reviewing duty of the Administrative Procedure and the Taft-Hartley Acts, 5 U.S.C.A. § 1001 et seq.; 29 U.S.C.A. § 141 et seq., both having come into force between the Board's order and the Court of Appeals decision. The Court of Appeals has now held, in accordance with our own view, that the scope of review had been extended 'beyond the requirements of the Wagner Act', 180 F.2d 731, 736, and that in the light of the new requirements the record considered as a whole disentitled enforcement of the order.

The Government concedes, we think rightly, that the scope of the court's reviewing power was governed by the legislation in force at the time that power was exercised even though the Board's order antedated such legislation. See United States v. Hooe, 3 Cranch 73, 79, 2 L.Ed. 370, and compare Ex parte McCardle, 7 Wall. 506, 19 L.Ed. 264.

The acts claimed to constitute unfair labor practices took place during the campaign of the National Maritime Union to organize the unlicensed employees of the respondent's 73 vessels, plying on the Great Lakes, during the winter and spring of 1944. The Board adopted the findings and conclusions of its trial examiner...

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103 practice notes
  • Polcover v. Secretary of Treasury, No. 71-1920.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 4, 1973
    ...of a "hands off" policy regarding courts of appeals decisions in statutory agency review cases. See NLRB v. Pittsburgh Steamship Co., 340 U.S. 498, 502-503, 71 S.Ct. 453, 95 L.Ed. 479 (1951), and Universal Camera Corp. v. NLRB, 340 U.S. 474, 490-491, 71 S.Ct. 456, 95 L.Ed. 456 (1951). We fi......
  • Carter Products, Inc. v. FTC, No. 15373.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 16, 1959
    ...the Supreme Court applied one of the principles announced in Universal Camera. National Labor Relations Board v. Pittsburgh Steamship Co., 340 U.S. 498, 71 S.Ct. 453, 456, 95 L.Ed. 479. It again emphasized the fact that Congress had charged the Courts of Appeal, and not the Supreme Court, w......
  • Riverside Press, Inc. v. NLRB, No. 25783.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 11, 1969
    ...v. National Labor Relations Board, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456, or in National Labor Relations Board v. Pittsburg SS. Co., 340 U.S. 498, 71 S.Ct. 453, 95 L.Ed. 479. The language of § 10(e) of the Act quoted and relied upon in the Cheney Lumber Company case has not been changed ......
  • Dalehite v. United States, No. 308
    • United States
    • United States Supreme Court
    • June 8, 1953
    ...we shall consider the case as one in which they come to us unimpaired. Cf. National Labor Relations Board v. Pittsburgh Steamship Co., 340 U.S. 498, 503, 71 S.Ct. 453, 456, 95 L.Ed. 479; United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 541, 92 L.Ed. 746. Even assu......
  • Request a trial to view additional results
102 cases
  • Polcover v. Secretary of Treasury, No. 71-1920.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 4, 1973
    ...of a "hands off" policy regarding courts of appeals decisions in statutory agency review cases. See NLRB v. Pittsburgh Steamship Co., 340 U.S. 498, 502-503, 71 S.Ct. 453, 95 L.Ed. 479 (1951), and Universal Camera Corp. v. NLRB, 340 U.S. 474, 490-491, 71 S.Ct. 456, 95 L.Ed. 456 (1951). We fi......
  • Carter Products, Inc. v. FTC, No. 15373.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 16, 1959
    ...the Supreme Court applied one of the principles announced in Universal Camera. National Labor Relations Board v. Pittsburgh Steamship Co., 340 U.S. 498, 71 S.Ct. 453, 456, 95 L.Ed. 479. It again emphasized the fact that Congress had charged the Courts of Appeal, and not the Supreme Court, w......
  • Riverside Press, Inc. v. NLRB, No. 25783.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 11, 1969
    ...v. National Labor Relations Board, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456, or in National Labor Relations Board v. Pittsburg SS. Co., 340 U.S. 498, 71 S.Ct. 453, 95 L.Ed. 479. The language of § 10(e) of the Act quoted and relied upon in the Cheney Lumber Company case has not been changed ......
  • Dalehite v. United States, No. 308
    • United States
    • United States Supreme Court
    • June 8, 1953
    ...we shall consider the case as one in which they come to us unimpaired. Cf. National Labor Relations Board v. Pittsburgh Steamship Co., 340 U.S. 498, 503, 71 S.Ct. 453, 456, 95 L.Ed. 479; United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 541, 92 L.Ed. 746. Even assu......
  • Request a trial to view additional results
1 books & journal articles
  • Administrative Blackmail: the Remission of Penalties
    • United States
    • Political Research Quarterly Nbr. 4-4, December 1951
    • December 1, 1951
    ...8 Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474 (1951); National Labor Rela- tions Board v. Pittsburgh S. S. Co., 340 U.S. 498 The terms "remission" and "mitigation" are used interchangeably in statutes, regulations, and case law. They are not employed interchangeab......

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