Evening star., 1940-11-18
Labor Board
Upheld in Free
Speech Appeal
Hiqh Court Refuses
Review in unfair
Practice Case

BS the Associated Press.
The Supreme Court today refused
to review National Labor Relations
Board order which COntended that
the right of free speech does not
comprehend the right to engage IN
unfair labor practices and in
another labor case refused to enjoin
milk store picketing in Chicago.
In the first case the court refused
to revieW-and thereby left IN
efect-a Labor Board order holding
that the Elkland Pa Leather Co.
had committed an unfair labor
practice BY giving its employees,
along with their pay checks writ
ten statement announcing an open
shop policy. The court. as is Gus
tomary. did not give Its grounds for
refusing to review the order.
In the picketIng decision Justice
Black said the Federal Circuit Court
At Chicago was in error" in con-
cludIng that the plcketing activities
constituted a secondary boycott in
violation Of the Sherman Antitrust
Act. and that for this Tca re-
gardless Of the NorrlS-La Guardla
Act. the District Court had lurlSdlC-
ton 10 grant an injunction even
though the case arose out Of or
involved labor dispute
Writ Grants Limited.
Justice Black said the NOrrIs-Ia
GuardIa Act limited the granting
Of an injunction in labor cases.
The Norrls-La Guardia Act.
passed in 1882 Justice Black con-
tinuen, is The elimination OF A
bitter political social and economic
controversy extending over half 4
century. Hostility to Government
by injunction had become the rally
ing slogan Of many and varied
groups"
For us to hold. in the face Of
this legislation that the Federal
courts have jurisdiction 70 grant
IniunccIons in cases growing out Of
labor disputes. merely because
alleged violations of the Sherman
Act are involved. would run counter
10 the plain mandate Of the act and
would reverse the declared purpose
of Congress.
Judgment Reversed.
The Circuit Court of Appeals va
in error: its judgment Is reversed
and the judgment Of the District
Court dismiSsing the bill for in
junction is affirmed
The Circuit Court had ruled that
the acts of the union constituted
an unlawful secondary boycott de-
signed TO destroy the business" Of
the dairy. A secondary boycott is
not directly against the producer Of
a product but against those who sell
the product TO the public.
No dissent from Justice Blacks
opinion was announced.
Also, the tribunal declined 10 re-
view a decision holding that the
Labor Board may certify as a COL
lectlvo bargaining agency a labor
organization which received a ma
jOrIty Of the votes cast in an cleo
ton, even though less than a ma
jority Of those eligible 10 vote had
participated
. This order. upheld by the Seventh
Federal Circuit COurr involved spe-
Cllcally the New York Handkerchief
Manufacturing Co of Chicago.
In another unanimous opinion
the court ruled that a company
which exported products on which
It had paid processing and floor
stock taxes under the Agricultural
Adjustment Act was not entitled to
/ recover from the Government in a
Court of Claims suit.
Justice Murphy delivered the de-
cislOn applying TO Wilson & Co.
Inc. Chicago meat packers.
Opinions involving regulation Of
hydro-electrlC plants and contempt
of court convictions of the Los
Angeles Times and Harry Bridges.
West Coast labor lelader. were post
poned until at least next Monday