National Labor Relations Board v. L. Ronney & Sons Furniture Mfg. Co.

This case comes to us on the petition of the National Labor Relations Board for enforcement of its order against respondent and on respondent’s cross-petition for modification of the order and application for leave to adduce additional evidence.

At the outset we are met with a question as to the jurisdiction of the Board. The unfair labor practice charges which gave rise to this proceeding were signed by former employees of respondent. Respondent contends that in filing the charges these former employees acted merely as “fronts” for the United Furniture Workers of America, CIO, Local 576 (herein Local 576). It is pointed out that the charges were solicited and prepared by Local 576 and counsel lor that union represented the nominal charging parties at the hearing. And since Local 576 was not in compliance with the non-Communist affidavit requirements of § 9(h) of the National Labor Relations Act, as amended, respondent asserts that the Board lacked jurisdiction .to issue the complaint.

While there is some question whether Local 576 was in compliance with § 9(h) at the time the complaint was issued, the critical date, N. L. R. B. v. Dant, 344 U.S. 375, 378-379 , 73 S.Ct. 375 , it…