National Labor Relations Board v. Gilfillan Bros.

Petitioner seeks enforcement under § 10(e) of the National Labor Relations Act, 49 Stat. 449 , 29 U.S.C. Sec. 151 et seq., 29 U.S.C.A. § 151 et seq., hereafter called the Act, of its order to respondent based upon the Board’s finding on the facts that respondent had violated §§ 8(2) and 8(1) of the Act.

Respondent was and is engaged in the business of manufacturing radio receiving sets and refrigerators. There is sufficient evidence to support the finding that in *991 1937, in violation of these two sections of the Act, the respondent, through its supervisory employees and by acts of its management, dominated and controlled the organization and acts of an intra-company union of its employees, the Employees Mutual Association, hereafter called the Association.

During this period a national union of the C.I.O., the International Association of Machinists, hereafter called the I.A.M., was seeking to obtain in its membership a majority of respondent’s employees. On May 1, 1937, the C.I.O. filed a petition for certification of representatives pursuant to Section 9(c) of the Act. Pursuant to that petition an election, consented to by respondent, was held and was won by the…