Evening star., 1940-10-08
Circuit Court Refuses
To Uphold n. |. R. B.
Ford Pamphlet Ban
Firm Ordered to Geese
Interfering With Union,
Reinstute n Men
Py the Associated Press.

states SlXtn Circuit Court OF Ap-
peals held today that the National
Labor Relations Act grants no sane.
ton "for an invasion of the hber-
ties guaranteed to all citizens by the
First Amendment" of the United
States Constitution.
The tribunal ruled in refusing to
uphold q National Labor Board
order that the Ford Motor Co
cease distributing to its employe.
pamphlets outlining the firms views
on unionization of its plants.
At the same time, the court grant
ed an enforcement order for part
of a N. L. r. B. ruling to require
the Ford company to cease and
desist alleged interference with en-
ployes in exercising collective bar
gaining rights.
The boards order against dis
tribution of pamphlets was at
tackled as violating constitutional
free speech and press guarantees.
Ford Blamed for Riot.
"The right to form an opinion,
said the court in ruling on the
pamphlet issue, "is of little value if
such opinion may not be expressed
The right to express it is of little
value if it may not be communicated
to those Immediately concerned"
The courts opinion agreed with
the boards contention that the
Ford Co. was responsible for riot
at the River Rouge plant on May
%, 1887.
Even assuming that the respon-
dent Ford had reasonable grounds
to believe that the ostensible pur-
pose of the organizers to distribute
union literature was but a blind to
conceal an attempt to stage sit
down strike" said the court, "the
assault upon them was not neces-
sary for the safeguarding of the
respondents property; nor was 1t
provoked by the union men.
Assaults on Organizers.
"The finding of the board that it
was attributable to the respondent,
is sustained by evidence that the
assailants on the overpass included
two foremen of the River Rouge
plant and a member of the Service
Department and that other Service
Department employees took more
or less prominent parts at other
points -"
THE finding that the assaults
upon the union organizers consti-
tuted an unfair labor practice must
be sustained, and the remedial pro-
visions of the order, based upon
such findings, enforced"
The court also took issue generally
with the sit-down strike, comment
ing that mo one who lived through
the period can ignore the terror
which this lawless labor technique
imposed not only upon the auto
mobile industry and its non-union
employees fearing loss of their jobs,
but upon all employers Of labor in
Michigan. including manufacturers,
retail establishments, hotels, public
utilities and others"
Men Ordered Reinstated.
Judge C. c. Simons of Michigan
wrote the opinion which ordered re-
instatement of % employees allegedly
discharged for union activity, ex-
cepting the case of one Emil Tom
kow.
The court held that the firm
should cease discouraging member
ship in the c. I. o. union or any 9TH
er union, cease intimidating direct
ly or indirectly members of the
C. I. o. union or members of any
labor organization from dissent
mating union literature in the vi
cinity of the River Rouge plant and
post Immediately notices in its plants
in Dearborn and Highland Park,
Mich. stating to its employees that
it would adhere to that portion of
the boards order upheld by the
court.
Order Issued in 1897.
Decision on the boards order re-
specting work relief funds of Fed
eral. State. county, municipal or
other governments, was stayed
pending the Supreme Court decis-
ion in the Republic Steel case
This referred to deducting amounts
received by employees during the
time they were discharged and
money they would have received
had they not been discharged from
the company.
The Ford case dates from Decem-
ber %, 1887 when the N. L. r. B.
ordered the company to reinstate
20 workers for asserted union ac-
tivity. Some have since moved from
Detroit, one or two have found
other work and at least one of the
original number has died.
The firm was denied a rehearing
January S, 1888 and the next day
the Labor Board asked the Circuit
Court here for an enforcement Or
der.
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