National Labor Relations Board v. Smith

National Labor Relations Board is asking enforcement of its order requiring respondents to cease and desist from indulging in certain alleged unfair labor practices and to take specified affirmative action.

Violations of § 8(a) (1), (3) and (5) of the National Labor Relations Act were found by the Board.

Section 8(a) (1) and (5) was found to have been violated by respondents’ refusal to bargain with International Association of Machinists, Local No. 1491, A.F.L., the duly authorized bargaining representative of its employees in an appropriate unit; a violation of § 8(a) (1) and (3) was found in the discharge of four employees because of their union and concerted activities; and a violation of § 8 (a) (1) in that respondents interrogated its employees concerning their Union and concerted activities and threatened them with discharge should they be forced to negotiate with the Union.

Respondents in reply urge that the Board should not have taken jurisdiction inasmuch as the operation of its local business which is conducted in a restricted area does not meet any of the tests established by the Board to bring the exercise of its jurisdiction into play.

They further contend that…