Charles Evans Whittaker

“ It is argued that the Virginia case is distinguishable on the ground that it dealt with an employer-dominated union. But the question is one of power. The fact that the unfair labor practice there was by the employer rather than by the union, as here, is not a distinguishing difference. Nor does the fact that employees' rights were there infringed by a violation of § 8 (a) (1) , (2) and (3) of the Act, whereas they are here infringed by a violation of §§ 8 (b) (1) (A) and 8 (b) (2) of the Act, make any difference. ”

“ Surely, it is as correct to say here, as it was there, that 'An order such as this, which deprives (a union) of advantages accruing from a particular method of subverting the Act, is a permissible method of effectuating the statutory policy,' ibid., and that is all the order here purports to do. ”

“ To assure protection and enforcement of the rights it had guaranteed to employees by the Act, Congress provided in § 10 (c) that, upon the finding of an 'unfair labor practice,' 'the Board shall state its findings of fact and shall issue * * * an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action * * * as will effectuate the policies' of the Act. ”