Hugo Black

“ After this hearing, the Board found that 'a labor dispute' in respondent's plant would widely affect 'the flow of commodities in interstate commerce', with consequent jurisdiction in the Board, and that the charges of the complaint had been substantiated.
The Board accordingly ordered respondent to cease and desist from (1) interfering, or coercing its employees in the exercise of their rights to self-organization; (2) dominating and interfering with the Federation or any other labor organization; (3) discouraging membership in the T.W.O.C. ”

“ The Circuit Court of Appeals declined to decree effective enforcement of an order of the National Labor Relations Board upon the ground that the Board's order, in material respects, rested upon findings that were not supported by substantial evidence. ”

“ In vacating the Board's order of reinstatement on the ground that undenied evidence showed that Nelson and Schofield had, after their unlawful discharge, incited or threatened unlawful conduct, the court acted without any justification.
Congress has placed the power to administer the National Labor Relations Act in the Labor Board, subject to the supervisory powers of the Courts of Appeals as the Act sets out. ”

“ Some Federation dues were collected on the company's premises; members were not suspended for dues delinquency and may also be members of any labor union or society. The Federation started about a week after the C.I.O. drive; it had no income of its own prior to the last week in April. Eventually it affiliated with an outside union still designated 'as the B.D.A. Employees' Federation' 'to bring a little more prestige and to prove to the ones that were skeptical, that we were not a company union. ”

“ Federation circulars were posted on plant bulletin boards. Federation application cards were passed out by 'all of us that were in the office at that first meeting.' Officers of the Federation were subsequently elected (April 11) . 'All us men who were in the office the first day, I think we acted as a committee.' Between April 6 and 11, Summersby permitted the temporary committee to meet in an old company office in the plant. The paymaster gave them a list of the men in the plant by which to determine the necessary fifty-one per cent. ”

“ There was evidence before the Board which showed:
'The Bradford Dyeing Association (U.S.A.) , as stated by its president, is 'engaged in the dyeing and finishing of cotton, rayon and acetate piece goods.' These piece goods reach the plant at Bradford, Town of Westerly, Rhode Island, as unfinished 'gray Goods.' Customers of Bradford, known as 'converters', ship the gray goods to the plant, retaining title, and direct shipment of the goods when processed. Bradford owns no goods or means of transportation, and its customers pay the cost of transportation to and from the plant. ”

“ When Saturday's work was over, Nelson was sent for by Summersby, who was affable at first, but who became hostile when Nelson indicated he would not go along with a local union. Summersby then asked Nelson if he had been stealing on an occasion when he had returned to the plant after hours to get some T.W.O.C. cards, and asked him if he had begun work promptly that day (Saturday, April 3) . Nelson was told by Summersby 'to take two weeks off and cool off.' Nelson insisted he was ready to go back to work Monday morning. ”

“ The cards were not checked to see if each signer was eligible; the management took the temporary committee's word for it. And the cards were left with Summersby. The witness didn't know that the Federation planned to do anything that 'was any different' from what the employees prevously could have done by grievance committees. He had heard rumors that a boss had Federation cards or spoke to employees about them, and believed one man quit work as the result of posting C.I.O. handbills. He spoke at the shipping room meeting and asked Summersby to speak there. Summersby did speak. ”

“ Since the purpose of the Act is to protect and foster interstate commerce, the Board's jurisdiction can attach, as here, before actual industrial strife materializes to obstruct that commerce. [6]
In its answer to the Board's complaint, the company contended that Nelson was not discharged April 3, 1937, but was merely 'laid off', and on April 2, 'went upon a vacation' and did not return or indicate a willingness to go back to work. However, the company insists, as it has throughout, that Nelson was not a diligent worker and was insubordinate ”

“ Members of the Federation are members in good standing of T.W.O.C., even if they have not paid dues or initiation fees. The T.W.O.C. cards were brought to him during the first week in April. Summersby, April 9, refused to agree to have the Federal Conciliator, or a third party, count the T.W.O.C. cards. Employees are eligible to membership in T.W.O.C., without formation of a plant local.'
The T.W.O.C. Director's Secretary stated that the T.W.O.C. cards were brought in before April 12. ”

“ There are 'very few customers' in Rhode Island. In 1936, 57,000,000 yards of goods were processed and for the first six months of 1937, 29,000,000. About ninety per cent of all goods processed, the processing taking 'an average of between two and three weeks', are shipped out of Rhode Island. 'More than half' of the goods processed come from beyond the borders of Rhode Island.
'Incidental to its business of processing, respondent accumulates and acquires title to 'remnants' which are ends of cloth processed and goods damaged in processing. ”

“ If you are not telling me whether I go to work when I come back or not, I want to know whether you are firing me.' He says, 'I won't give you nothing definite.' I says, 'I can't go out without money. If you are going to fire me, I can't live without money.' He says, 'Silvia, get his money.' Mr. ”