A. M. Andrews Company of Oregon, and A. M. Andrews of Illinois, Inc. v. National Labor Relations Board

The determination of the issue raised on this appeal rests almost exclusively on the question of whether there is substantial evidence to support the finding of the Board that the two corporations involved were a single employer within the meaning of the National Labor Relations Act, as amended, 29 U.S.C.A. § 151 et seq., and that therefore A. M. Andrews Company of Oregon was responsible for an unfair labor practice of A. M. Andrews of Illinois, Inc.

In this case the Board drew a different conclusion from the facts than did the Trial Examiner. The relevant facts upon which the Board rested its findings as above indicated may be summarized as follows.

The two corporations involved are A. M. Andrews Company of Oregon, hereafter Oregon, and A. M. Andrews of Illinois, Inc., hereafter Illinois. Oregon was organized in 1951 and was engaged in the manufacture of plastic lawn sprinklers. It had four stockholders. A. M. Andrews held 345 shares, or 95% of the stock, and Alex Marshall held 16 shares; Norman Brown and Ray H. Lesher each held 1 share. Responding to certain inducements offered by a civic organization at Centerville in the state of Illinois, the controlling stockholder of…