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Keywords

jurisdictionhearing

discriminationcorporationrespondent

Related Cases

N.L.R.B. v. Associated Press, 85 F.2d 56

Facts

The American Newspaper Guild filed charges against the Associated Press on November 7, 1935, alleging that the company discharged Watson because of his union activities. The Associated Press admitted to the discharge but denied it was due to Watson's union membership. After hearings, the NLRB recommended reinstatement and back pay for Watson, which the court later confirmed, stating that the Associated Press engaged in unfair labor practices affecting commerce.

Respondent by answer admitted the discharge of Watson, but denied that the reason therefor was his membership in the American Newspaper Guild.

Issue

Did the Associated Press engage in unfair labor practices by discharging an employee due to his union membership, thereby violating the National Labor Relations Act?

Rule

Under the National Labor Relations Act, it is an unfair labor practice for an employer to discriminate against employees for their union membership or activities, as outlined in sections 7 and 8 of the Act.

It is an unfair labor practice for an employer ‘(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 (section 157 of this title),‘ or ‘(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.

Analysis

The court analyzed the facts and determined that the Associated Press's actions constituted an unfair labor practice as defined by the National Labor Relations Act. The evidence supported the NLRB's findings that Watson was discharged due to his union activities, which directly affected interstate commerce. The court emphasized that the operations of the Associated Press were integral to interstate commerce, thus falling under federal jurisdiction.

The board found respondent, a membership corporation, to be a co-operative association of persons representing newspapers, with about 1,350 members, 1,200 of them daily newspapers. It receives information and gathers intelligence and information from members of the United States and in foreign countries, and formulates and distributes this to its members.

Conclusion

The court granted the petition to enforce the NLRB's order, requiring the Associated Press to cease its discriminatory practices and reinstate Watson with back pay.

We think the order entered was validly made by the board and must be enforced.

Who won?

The National Labor Relations Board prevailed in this case, as the court upheld its findings and ordered the Associated Press to comply with the NLRB's order.

The order issued directed the respondent to cease and desist from discouraging membership in the American Newspaper Guild or in any other organization of its employees by discharging, threatening to discharge, or refusing to reinstate any of its employees for joining the guild or any other labor organization of its employees.

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