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07/17/50 International Union, v. National Labor

July 17, 1950

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, AND JOHN L. LEWIS, PRESIDENT OF SAID UNION, PETITIONERS

v.

NATIONAL LABOR RELATIONS BOARD, RESPONDENT.



Before WILBUR K. MILLER, PRETTYMAN and PROCTOR, Circuit Judges.

UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT. 1950.CDC.90

July 17, 1950.

PER CURIAM: Upon charges of certain companies operating "captive" bituminous coal mines, respondent Board found as an unfair labor practice that petitioners, without complying with the statutory authorization procedure *fn1 and in violation of Section 8(b)(2) of the Labor Management Relations Act, 1947, *fn2 attempted to cause and did cause said companies to execute an agreement containing an invalid union-shop provision, resulting in discrimination against said companies' employees within the meaning of Section 8(a)(3) of the Act, and in so doing did resort to strike action to support their demand. Accordingly, on May 27, 1949, the Board issued a cease and desist order designed to terminate the unfair labor practice, including the enforcement and effectiveness of the union-shop clause in the existing contract with said companies.

At the hearing before us, petitioners submitted the case upon their brief without appearance or argument by counsel. Among their contentions it is urged that Section 8(b)(2) is limited to discrimination against a specified employee or group; that an election under Section 9(e)(1) *fn3 was unnecessary as the mine employees had otherwise approved the union-shop agreement; that the Board's finding of resort to strike action in support of demand for the union-shop provision was not supported by the evidence; and that the Board's order violated constitutional rights guaranteed by the First, Fifth and Thirteenth Amendments.

These and other contentions were resolved against the petitioners by the Board. We agree with its conclusions. Reference is made to the Board's decision and order reported in Volume 83 at page 916 of the DECISIONS AND ORDERS OF THE NATIONAL LABOR RELATIONS BOARD. See also National Labor Relations Board v. National Maritime Union, 175 F.2d 686 (2d Cir.), decided July 1, 1949, cert. denied, 338 U.S. 954 (1950).

The order of the Board will be enforced except as to paragraph (d) thereof relating to the contract of June 25, ...


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