Opinion
No. 10026.
February 25, 1946.
On Petition for Enforcement of an Order of the National Labor Relations Board.
Proceeding by the National Labor Relations Board against the American Rolling Mill Company for enforcement of an order.
Order modified, and, as modified, enforced.
David A. Morse, of Washington, D.C., for petitioner.
Frost Jacobs, of Cincinnati, Ohio, for respondent.
Before SIMONS, MARTIN, and MILLER, Circuit Judges.
The decision of the National Labor Relations Board in this case is supported by substantial evidence; but in our judgment Paragraph 1(b) of its order is too broad to conform to the limitations expressed and applied in May Department Stores Co. v. National Labor Relations Board, 66 S.Ct. 203. Compare National Labor Relations Board v. Express Publishing Co., 312 U.S. 426, 61 S.Ct. 693, 85 L.Ed. 930.
Accordingly, Paragraph 1(b) of the order of the Board will be amended by deleting the following words at the end of the paragraph: "to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act [ 29 U.S.C.A. § 157]." A period will be substituted for the comma immediately preceding the deleted words of the paragraph. See National Labor Relations Board v. Federal Engineering Company, Inc., et al., 6 Cir., 153 F.2d 233.
With the specified modification, the order of the National Labor Relations Board is directed to be enforced.