Evening star., 1939-01-09
Justices toPass
On Labor Board
Jurisdiction
Order Affecting
Keystone PIont
To Be Decided
By the Associated Press


The National Labor Relations
Board was granted Supreme Court
review today of its claim to juris-
diction over a local company which
contracted to manufacture clothing
from goods owned at all times by
another concern
The tribunal consented to pass on
a decision by the Federal Circuit
Court at Philadelphia that the
Labor Relations Act could not be
applied to the Somerset Manufac-
turing Co. of Somerville, N. j., be-
cause it was not engaged in inter-
state commerce.
The tribunal postponed at least
until next Monday decisions on con-
stitutionality of the Tennessee VAL
ley Authority Act and on the right
OF a State to ratify, after once re-
jecting, the pending constitutional
amendment to abolish child labor.
Will Pass on Power Plea.
The court also agreed to pass on
contention by the Federal Power
Commission that an order it issued,
denying an application of public
utility companies to consolidate, is
not subject to judicial examination.
The power commission advanced
this claim after refusing permission
to the Pacific Power & Light Co. to
merge with the Inland Power &
Light Co.
The Somerset Manufacturing Co.
made Women's sport clothes out of
material furnished by the Lee
Sportswear Co. of New York City.
The finished product was delivered
at Somerville to a representative
OF the New York concern and then
shipped to New York or to customers
throughout the United States.
Reinstatement Ordered.
Litigation grew out of a Labor
Board order finding the Somerset
company guilty of unfair labor prac-
tices by refusing to negotiate with
representatives of the International
Ladies Garment Workers Union
and by dismissing eight woman en-
ployes because of union activities.
A strike followed the discharges.
The board ordered reinstatement
of employees found to have been
disseminated against. including
those whose places had been filled
after the strike.
1t appealed to the Circuit Court
to enforce the order, but the tri-
bunal held the board did not have
jurisdiction. The board contended
the Labor Act applied to the COM
pany because strike or lockout
would burden the flow of COM
merce to and from" the plant.
Ford Case Motion Granted.
The court granted a Government
motion for immediate withdrawal
from the Federal Circuit Court at
Covington, KY, of litigation involv-
ing validity Of National Labor Re-
lations Board order against the Ford
Motor Co.
Last Tuesday the high tribunal
authorized withdrawal, in order to
permit the board to adopt new pro-
cedure. Ordinarily a decision does
not become effective for Is days.
This delay is given to permit filing
OF petition for reconsideration.
The Ford company did not object
to the Governments motion today
and Chief Justice Hughes granted
it from the bench.
The court refused to pass upon
a decision under which the Ma
tional Labor Board was permitted
to set aside an order against the
North Whittier Heights Citrus As
sociation of Puente, Calf.
The association, which appealed
from the Ninth Circuit Court, con-
tended that court erred in remand
ing the litigation to the board with
out deciding that the order was in
valid.