Labor Board v. Link-Belt Co., 311 U.S. 584 (1941)

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

1. An order of the National Labor Relations Board requiring an employer to disestablish a labor organization of its employees, and directing the employer to reinstate or to make whole certain employees against whom the Board found the employer had discriminated in regard to hire or tenure of employment because of their union membership and activities held based on findings supported by substantial evidence. Pp. 585-597.

2. In reaching the conclusion that there was no evidence in this case from which it could be inferred that the employees did not, with complete independence and freedom from domination, interference, or support of the employer, form their own union, the Circuit Court of Appeals substituted its judgment on disputed facts for that of the Board -- a power denied it by Congress. P. 596.

3. It is for the Board, not the courts, to determine whether the disestablishment of a labor organization is required, notwithstanding its subsequent conduct, in order to dissipate completely the effects of unfair labor practices which aided its formation. P. 600.

4. The evidence in this case sustains the findings of the Board that certain employees were discharged and discriminated against in violation of § 8(1) and (3) of the Act. Pp. 600 et seq.

110 F.2d 506 reversed.

Certiorari, post, p. 629, to review a judgment refusing to order enforcement of portions of an order of the National Labor Relations Board.