The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-09-01
LABOR BOARD
CLAIMS POWER
over COURTS
Controverts Decree Hold
ing 1t Is Sole Authority
in Certain Practices
CLASH is HEADED
FOR HIGH TRIBUNAL

WASHINGTON, Sept. /. (UP)
An unprecedented clash between
the National Labor Relations
Board and the Federal District
court at Pittsburgh appeared last
night to be headed toward the Su-
preme court as a result Of board
order controverting a court decree
on the theory that the NLRB has
exclusive jurisdiction over labor
practices affecting interstate COM
merce.
The board yesterday made pub
lie lengthy decision charging the
National Electric Products Corp,
with violations of the Wagner La
Dor act by negotiating a closed
shop agreement with the Interna-
tional Brotherhood of Electrical
Workers covering the 1900 en-
ployes at its Ambridge, Pa, plant.
The board charged the company
had violated the act by encourage
ing membership in the brother
hood and by recognizing it as
the representative of the employees
at time when the company knew
that the brotherhood did not rep
resent the free choice of a major
ity of its employees"
The United Electrical and Radio
Workers of America, affiliated
with the Committee for Industrial
Organization, also sought to OBJ
tain recognition by the company.
However the Pittsburgh federal
court ordered the company in an
injunction secured by the A. F.
of L. union to adhere to and per-
form the agreement entered into
on May q granting the brother
hood a closed shop.
BOARD OFFICIALS SAY
CASE WITHOUT PRECEDENT
Board officials said the case was
without precedent. From it arises
the issue of rival claims of author
ity by the federal judiciary sys-
tenn and federally created, au-
tonomous board. Upon the final
settlement rests the stake OF both
the Clio and the AFL in their dis
pute for domination of the trades
union movement.
There are several current in
stances where CLIO or AFL unions
have been granted closed shop
contracts which are being contest
ed as unfair by the opposing fac-
ton on grounds similar to those
brought up in the Electric Prod-
ucts case. One Of these recently
caused a brief CLIO strike on the
Grand Coulee dam in Washington
where contractors have granted
exclusive recognition to the ALL
Should the federal court author
ity be upheld, in all these cases
the union recognized in the agree
ment could obtain enforcement
despite NLRB assertions that the
contract was wrongfully entered
HOLDS SOME CONTRACTS
MAY NOT BE VALID
The board established the ,preee-
dent that an extant closed shop
agreement need not be valid, IN
its ruling in the Interlake iron
case, where a similar dispute broke
out between Federation and Clo
unions. This case since has been
used as the basis of appeal by the
group not included in such agree
ments. -,
In this case the board likewise
set aside a contract when mao
been negotiated as a result OF q
clash between the Federation
Blast Furnace and Coke oven
Workers union and the CLOS
Amalgamated Association OF lroh'
Steel and Tin Workers.
The boards decision yesterday
however brings it into direct con.
flict with the federal courts. IL
came as attorneys for the Electric
Products company sought perrls-
sion in the same Pittsburgh court
to appeal the jurisdictional dis.
pute to the Philadelphia Circuit
Court of Appeals. :,
The board, in setting aside the
contract, ordered the company 10
hold an election among its EN-
ployes by secret ballot and WITHIN
is days to determine which union
had a majority. 1t set aside the