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U.S. Supreme Court

Labor Board v. Pittsburgh Steamship Co., 337 U.S. 656 (1949)

Labor Board v. Pittsburgh Steamship Co.

No. 258

Argued April 19, 1949

Decided June 20, 1949

337 U.S. 656


1. In a proceeding under the Wagner Act, 49 Stat. 449, the National Labor Relations Board adopted a trial examiner's findings without substantial change, and issued a cease and desist order against an employer. The Court of Appeals, without passing upon the sufficiency of the evidence, held that the findings and the order were invalidated by the trial examiner's bias as disclosed by his crediting Board witnesses and discrediting witnesses for the employer, and refused enforcement of the order.

Held: the decision of the Court of Appeals refusing enforcement of the order, on the ground of the trial examiner's bias, was not supported by the record. Pp. 337 U. S. 657-660.

2. The Administrative Procedure Act and the Taft-Hartley Act were enacted after the Board's order and before the Court of Appeals' decision. Questions as to the applicability and possible effect of either or both of those Acts were apparently not dealt with by the Court of Appeals, and were not briefed with any elaboration before this Court.

Held: although the evidence in the case was sufficient under the Wagner Act to sustain the Board's findings and order, the cause is remanded to the Court of Appeals for consideration of the applicability and possible effect of the Administrative Procedure Act and the Taft-Hartley Act, which questions should be considered in the first instance by that Court. Pp. 337 U. S. 661-662.

167 F.2d 126, reversed.

A cease and desist order issued by the National Labor Relations Board under the Wagner Act, 69 N.L.R.B. 1395, was refused enforcement by the Court of Appeals. 167 F.2d 126. This Court granted certiorari. 335 U.S. 857. Reversed and remanded, p. 337 U. S. 662. chanrobles.com-red

Page 337 U. S. 657


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