Wayside Press, Inc. v. National Labor Relations Board

Good Law
206 F.2d 862·32 L.R.R.M. (BNA) 2625·1953 U.S. App. LEXIS 3584
United States Court of Appeals for the Ninth CircuitAugust 25, 195313789California1,922 words

Opinion

Opinion

Denman, J.

This is a petition. to review and to set aside- an order of the National Labor Relations Board, hereafter the Bo.ard, pursuant to Section 10(f) of the Labor Management Relations Act, 29 U.S.C.A. § 151 et seq., hereafter the Act, and a cross petition by the Board to enforce the order.

(A) Jurisdiction of the Board.

. [1] Wayside Press, Inc., is a California corporation conducting a printing business in Los Angeles, California. A .complaint against it was filed with the Board by Pressmen’s Union, No. 78, an international union, seeking to organize Wayside’s employees. While not directly engaged in interstate commerce, Wayside supplies goods and services' of a value in excess of $50,-000 :per annum to firms which realize annual income in excess of $25,000 from sources- outside the State of California. From this it is clear that the Board had jurisdiction to entertain and consider the Préssmen’s Union No. 78-’s complaint. See Hollow Tree Lumber Co., 91 N.L.R.B. 635 , 636. The question here is whether the evidence sustains the Board’s burden of proof of a violation of the Taft Hartley Act.

(B) Finding of Restraint and Coercion.

The trial examiner, in a finding that was approved by…

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