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U.S. Supreme Court

Labor Board v. Express Publishing Co., 312 U.S. 426 (1941)

National Labor Relations Board v. Express Publishing Co.

No. 442

Argued February 14, 1941

Decided March 3, 1941

312 U.S. 426


1. A respondent employer cannot attack, as without support in the evidence, findings of the National Labor Relations Board which were the basis of its order and of a judgment sustaining it which the employer has not sought to review. P. 312 U. S. 431.

2. Where an employer is found to have refused to bargain collectively in violation of § 8(5) of the National Labor Relations Act, the Board's order may properly require him to cease and desist from

Page 312 U. S. 427

such refusal in addition to an affirmative requirement that he bargain with his employees' representatives. P. 312 U. S. 432.

3. An order of the National Labor Relations Board which, when judicially confirmed, the courts may be called on to enforce by contempt proceedings must, like the injunction order of a court, state with reasonable specificity the acts which the respondent is to do or refrain from doing. P. 312 U. S. 433.

4. The authority conferred on the Board to restrain an unfair labor practice in which the employer is found to have been engaged does not support an order purporting to restrain him from other unfair labor practices in which he is not found to have been engaged and which are unrelated to the proven unfair labor practice. P. 312 U. S. 433.

5. The National Labor Relations Act does not give the Board an authority, which courts cannot rightly exercise, to enjoin violations of all the provisions of the statute merely because the violation of one has been fund. To justify an order restraining other violations, it must appear that they bear some resemblance to that which the employer has committed, or that danger of their commission in the future is to be anticipated from the course of his conduct in the past. P. 312 U. S. 437.

6. The order of the Board directing the employer to post notices informing its employees that it will "cease and desist" from refusing to bargain with the authorized representatives of its employees is modified so as to provide that the posted notices shall state that the employer "will not engage in conduct from which it is ordered to cease and desist." P. 312 U. S. 438.

111 F.2d 588, reversed.

Certiorari, 311 U.S. 638, to review a judgment enforcing an order of the National Labor Relations Board, but in part only, and with modification.

Page 312 U. S. 428

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