Nat. Licorice Co. v. Labor Bd.

Holding that requiring employees to sign individual contracts waiving their rights to self-organization and collective bargaining violates § 8 of the NLRA

Wallace Corp. v. Labor Board

Holding that corporation committed unfair labor practice

Inland Empire Council v. Millis

In Inland Empire, a union that had lost a representation election brought suit in district court challenging the Board's proceedings on the ground that there had not been the "appropriate hearing" mandated by Section 9(c) of the NLRA. It argued that the failure to provide such a hearing violated the union's statutory and due process rights.

Labor Board v. I. M. Electric Co.

In N.L.R.B. v. Indiana Michigan Electric Co., 318 U.S. 9, at page 28, 63 S.Ct. 394, at page 405, 87 L.Ed. 579, the Supreme Court stated the general fundamental principles with respect to findings of fact by the Board, saying that the reviewing court is given discretion to see that before a party's rights are foreclosed his case has been fairly heard, and "Findings cannot be said to have been fairly reached unless material evidence which might impeach, as well as that which will support, its findings, is heard and weighed."

Labor Board v. Int. Brotherhood

Consumers Power Co. v. Nat'l Labor Relations Bd.

In Consumers Power Co. v. N.L.R.B., 6 Cir., 113 F.2d 38, 41, we considered and rejected the argument that no immediate and direct effect upon interstate commerce follows a labor controversy which curtails the employer's activity when its products are sold to an intervening private agency over whom the employer has no authority or control. It was said in Consolidated Edison Co. of New York v. N.L.R.B., 305 U.S. 197, 59 S.Ct. 206, 214, 83 L. Ed. 126, "it is the effect upon interstate or foreign commerce, not the source of the injury, which is the criterion."

Cupples Co. Manufacturers v. N.L.R.B

In Cupples Co. Manufacturers v. National Labor Relations Board, 8 Cir., 106 F.2d 100, 113, we made the suggestion that if a trial examiner would, "within reasonable limits, permit each of the parties to the proceeding before him to prove his own case, in his own way, by his own counsel," charges of lack of due process for failure to accord a full and fair hearing could readily be avoided.

Nat'l Labor Relations Bd. v. Hudson Motor Car

In National Labor Relations Board v. Hudson Motor Car Co., 6 Cir., 128 F.2d 528, 533, it was stated: "We think it right and just to say that so far as the record shows, respondent has not wilfully violated the provisions of the Act, but the intent of the employer is not within the ambit of our power of review.

National Labor Rel. Board v. Gluek Brewing Co.

In Glueck, the court recognized that an independent contractor could not be held liable for an unfair labor practice if it was "an entirely innocent and unconscious instrument" of the perpetrator of the practice, but "[w]here an independent contractor knowingly participates in the effectuation of an unfair practice, it places itself within the orbit of the Board's corrective jurisdiction."

McQuay-Norris Mfg. Co. v. Natl. Labor R. Board