Hugo Black

“ But the notices as permitted by the court's modifying order not only failed to assure the men that the company would cease its unlawful and coercive practices, but-backed with the prestige of a formal court order-told the men that Independent, while in terms disestablished for the time being, was still available for selection by the employees. ”

“ In conditioning the Board's order, the court acted, as it said, 'that the coming election shall be free, uninfluenced by the employer and unhampered by any election order which eliminates (the Independent) as a contender.' In effect, the court's qualification of the Board's order judicially pronounced in advance of the election-that election methods considered 'suitable' by the courts rather than by the Board must be followed. But Section 9 of the Act vests power in the Board, not in the court, to select the method of determining what union, if any, employees desire as a bargaining agent ”

“ The first of the two consolidated proceedings before the Board was based upon the charge of the Amalgamated, a labor organization, that respondent had engaged in unfair labor practices contrary to Section 8 (1) , (2) , (3) and (5) of the Act. As already noted, the Board found respondent had interfered with its employees' free choice of a bargaining agent in violation of section 8 (1) , (2) and (3) . ”