Charles Evans Hughes

“ We are unable to conclude that Congress intended to compel employers to retain persons in their employ regardless of their unlawful conduct,-to invest those who go on strike with an immunity from discharge for acts of trespass or violence against the employer's property, which they would not have enjoyed had they remained at work. ”

“ As now construed by the Court, the employer may discharge any striker, with or without cause, so long as the discharge is not used to interfere with self-organization or collective bargaining. Friction easily engendered by labor strife may readily give rise to conduct, from nose-thumbing to sabotage, which will give fair occasion for discharge on grounds other than those prohibited by the Labor Act. ”

“ The Board bases its contention on the general authority, conferred by Section 10 (c) , to require the employer to take such affirmative action as will 'effectuate the policies' of the Act. Such action, it is argued, may embrace not only reinstatement of those whose status as employees has been continued by virtue of Section 2 (3) , but also a requirement of the 'reemployment' of those who have ceased to be employed.
The authority to require affirmative action to 'effectuate the policies' of the Act is broad but it is not unlimited. ”

“ This Court agrees with the conclusion of the Labor Board that the respondent was guilty of unfair labor practices, prior to the strike, in campaigning for a company union, isolating the union president, making, through its superintendent, anti-union statements and employing a labor spy. It also accepts the Board's conclusion that there was further pre-strike violation by respondent of the Labor Relations Act by refusal to bargain collectively. None questions the power of the Board to reinstate striking employees as a means of redress for unfair labor practices. ”

“ In view of the change in the situation by reason of the valid discharge of the 'sit-down' strikers and the filling of positions with new men, we see no basis for a conclusion that after the resumption of work Lodge 66 was the choice of a majority of respondent's employees for the purpose of collective bargaining. The Board's order properly requires respondent to desist from interfering in any manner with its employees in the exercise of their right to self-organization and to bargain collectively through representatives of their own choosing. ”

“ This object was sought through prohibition of certain practices deemed unfair to labor, and the sanctions adopted to enforce the prohibitions included reinstatement of employees. To assure that the status of strikers was not changed from employees to individuals beyond the protection of the act, the term employee was defined to include 'any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice * * *.' § 2 (3) , Act of July 5, 1935. ”

“ At about six o'clock in the evening the superintendent, accompanied by police officials and respondent's counsel, went to each of the buildings and demanded that the men leave. They refused and respondent's counsel 'thereupon announced in loud tones that all the men in the plant were discharged for the seizure and retention of the buildings'. The men continued to occupy the buildings until February 26, 1937. ”

“ In announcing the reopening respondent stated its belief that a large number of men who had taken part in the seizure of the plant were compelled to do so through coercion and intimidation and that applications for reemployment from such men would receive favorable consideration. ”

“ We are thus returned to the question already discussed and we think that in that respect these aiders and abettors, likewise guilty of unlawful conduct, are in no better case than the 'sit-down' strikers themselves. ”

“ While respondent presents a strong protest, insisting that Local No. 1 of the Rare Metal Workers was the free choice of the employees after work was resumed, we cannot say that there is not substantial evidence that the formation of this organization was brought about through promotion efforts of respondent contrary to the provision of Section 8 (2) , and we think that the order of the Board in this respect should be sustained. Whether Rare Metal Workers of America, Local No. ”