In International Ass'n of Machinists v. N.L.R.B., 1940, 311 U.S. 72, 61 S.Ct. 83, 85 L. Ed. 50, there had been a long history of management favoritism to the established and hostility to the aspiring union; and in Franks Bros. Co. v. N.L.R.B., 1944, 321 U.S. 702, 703, 64 S.Ct. 817, 818, 88 L.Ed. 1020, the employer had "conducted an aggressive campaign against the Union, even to the extent of threatening to close its factory if the union won the election."
In Seber, the United States Supreme Court addressed a similar statute which provided that certain Indian lands would be immune from state taxes if two requirements were met: that the title to the lands be held by an Indian subject to restrictions against alienation or encumbrance or approval of the Secretary of the Interior; and the lands were purchased out of trust or restricted funds.