UNITED STATES SUPREME COURT DECISIONS ON-LINE

1. An employer producing goods for interstate commerce engaged in extensive negotiations as to many matters, including rates of pay, with a union duly certified as the collective bargaining representative of most of its production and maintenance employees at a certain plant. It offered a small wage increase, which was rejected, and the negotiations reached something of an impasse. Twelve days later, the employer, without consulting the union, put into effect a substantially greater general wage increase applicable to most of the employees represented in the negotiations.

Held: In these circumstances, this action constituted an unfair labor practice within the meaning of §§ 8 and 9 of the National Labor Relations Act. Pp. 337 U. S. 218-219, 337 U. S. 223-225.

2. After hearings, the National Labor Relations Board made certain findings of fact and ordered the employer not only to cease and desist from granting general wage increases without consulting the union, but also to bargain collectively, upon request, as to rates of pay, hours of work, and other conditions of employment, to post certain notices, and to report steps taken to comply with the order. Its petition for enforcement was denied by the Court of Appeals.

Held:

(a) A decree should be entered enforcing so much of the Board's order as is supported by its findings of fact based upon substantial evidence. Pp. 337 U. S. 218-219, 337 U. S. 220-221.

(b) On the record in this case, the Board was justified in issuing an order requiring the employer to cease and desist from refusing to bargain collectively by taking action, without prior consultation with the authorized collective bargaining representative of the employees, with respect to general rates of pay which are substantially different from, or greater than, any which the employer has proposed during its negotiations with such representative. P. 337 U. S. 225.

(c) There were no findings by the Board that established any other lack of good faith or lack of consistency with the principle of collective bargaining on the part of the employer, and there clubjuris

Page 337 U. S. 218

is no reason for enlarging the scope of the enforcement decree beyond that feature, and little, if any, need for orders requiring either specific affirmative action to be taken by the employer or the posting of any notices by it. Pp. 337 U. S. 226-227.

167 F.2d 662 reversed.

The National Labor Relations Board issued an order requiring an employer to cease and desist from certain unfair labor practices and to take certain affirmative actions. 70 N.L.R.B. 206. The Court of Appeals denied a petition for enforcement. 167 F.2d 662. This Court granted certiorari. 335 U.S. 812. Reversed, p. 337 U. S. 227.