National Labor Relations Board v. Stanislaus Implement and Hardware Company, Ltd.

This is a petition to enforce an order of the National Labor Relations Board pursuant to Section 10(e), 29 U.S.C.A. § 160 (e), of the National Labor Relations Act as amended, 1947, 29 U.S.C.A. § 151 et seq.

The questions presented are: (1) whether the standards set up by the Board in June 1954, pertain to a petition for enforcement before this court of a Board order made on November 19, 1952, and (2) whether the evidence supports the conclusion of the Board that Respondent refused to bargain in good faith with the representative of the employees in violation of Section 8(a) (5) and (1) of the Act. 29 U.S.C.A. 158(a) (5) and (1).'

The respondent, Stanislaus Implement and Hardware Company, Ltd., hereinafter called the “Company,” seeks disposal of this case without a consideration of the merits on the ground that the current standards set by the Board preclude the exercise of jurisdiction over this respondent.

The charge against the employer was first filed April 30, 1951, thereafter amended, and a complaint was issued on December 27, 1951; thereafter hearing was held, an intermediate report was made, a recommended order proposed and the Board rendered, on November 12, 1952, its…