National Labor Relations Board v. Interior Enterprises, Inc.

The National Labor Relations Board, hereinafter called the Board, petitions this court in this proceeding for enforcement of an order of the Board issued against Interior Enterprises, Inc., respondent herein. Unfair labor practices were alleged to have occurred at Fairbanks, Alaska, where respondent is engaged in business as a private contract carrier by air. This court has jurisdiction pursuant to 29 U.S.C.A. § 160 (e).

The respondent, in addition to denying that there were any unfair labor practices, contends that the Board did not have jurisdiction of the proceedings because respondent is not an “employer” as defined in section 2(2) of the National Labor Relations Act, 29 U.S.C.A. § 152 (2) , a pertinent portion of which reads as follows:

In the proceedings below the Board issued a complaint alleging that respondent had committed unfair labor practices affecting commerce within the meaning of sections 2(6) and (7) and 8(a) (1), (3) , and (5) of the National Labor Relations Act, as amended, 29 U.S.C.A. §§ 152 (6) and (7) and 158(a) (1), (3), and (5). At the conclusion of the hearing before a trial examiner respondent moved to dismiss for lack of jurisdiction on the ground that…