Reed

National Labor Relations Board v. Reed

Good Law
206 F.2d 184
United States Court of Appeals for the Ninth CircuitAugust 12, 195313310California3,701 words

Opinion

Opinion

Stephens, J.

Congress, in enacting the National Labor Relations Act, 49 Stat. 499 , as amended by the Labor Management Relations Act of 1947, 61 Stat. 136 ; 29 U.S.C.A. § 141 et seq., exercised its power to regulate commerce among the states by providing for the regulation of labor disputes which affect commerce. The Supreme Court sustained the constitutionality of the Congressional action by construing the law to exclude any attempt to interfere with strictly local activities.

Prior to 1947, the Board, in its discretion, did not attempt to take jurisdiction over labor disputes in the building and construction industry. However, certain provisions of the Taft-Hartley Act were directed toward the correction of abuses prevalent in that field; and probably for this reason the Board decided to end its policy of nonintervention. The Board’s decision to take jurisdiction over a particular industry may not be challenged unless in so doing it has abused its discretion or exceeded its authority under the Act or under the Constitution.

The scope of the Board’s power is limited by the language of the Labor Act to the prevention of unfair labor practices “affecting commerce”. Section 10(a). The term…

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