Anderson

The National Labor Relations Board petitions for enforcement of its order predicated on findings that the respondents violated § 8(a) (1) of the Act, 29 U.S.C.A. § 158 (a) (1), by unlawfully interfering with the organizational rights of their employees.

During the latter part of 1950 and extending through the first half of 1951 a labor organization affiliated with the CIO, hereafter referred to as the Union, undertook to organize respondents’ employees. Representation proceedings were instituted by the Board in the course of which two elections were held, the first on February 20, 1951, and the second in June of that year. The February election was set aside by the Board because of what it found to be misconduct on respondents’ part.

Various incidents of unlawful interference, such as interrogation of employees, threats of closure of the plant, promises of benefits, and the like are detailed in the findings. In general, the argument of the respondents is that the findings are not supported by a “preponderance” of the evidence ; and that the expressions correctly attributed to them or their representatives were mere statements of opinion protected by the free speech provision of…