Labor Board v. Jones & Laughlin Steel Corp. - 331 U.S. 416 (1947)
U.S. Supreme Court
Labor Board v. Jones & Laughlin Steel Corp., 331 U.S. 416 (1947)
Labor Board v. Jones & Laughlin Steel Corp.
Argued March 7, 1947
Decided May 19, 1947
331 U.S. 416
1. In the circumstances of this case, the militarization of certain guards employed by a private plant engaged in war production did not preclude the National Labor Relations Board from grouping them in a separate unit for collective bargaining and permitting them to choose as their bargaining representative a union which also represented production and maintenance employees. Pp. 331 U. S. 422-427.
2. The determination of the National Labor Relations Board that, in the circumstances of this case, certain guards at a private plant of the respondent engaged in war production, though employed in accordance with a requirement of the War Department and enrolled as civilian auxiliaries to the military police of the United States Army subject to Army Regulations, were "employees" of respondent within the meaning of § 2(3) of the National Labor Relations Act was justified by the evidence and the law. Labor Board v. Atkins & Co., ante, p. 331 U. S. 398. P. 331 U. S. 422.
3. A proceeding under the National Labor Relations Act to enforce a Board order requiring an employer to bargain with the representative of militarized plant guards held not rendered moot by their subsequent demilitarization, in and of itself. Labor Board v. Atkins & Co., ante p. 331 U. S. 398. Pp. 331 U. S. 421-422.
4. The provision of § 10(e) of the National Labor Relations Act that
"No objection that has not been urged before the Board, its member, agent or agency, shall be considered by the court unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances"
refers to objections which might have been, but were not raised in the original proceeding before the Board. P. 331 U. S. 427.
5. The reviewing court has power to consider an issue which has come into existence since the proceeding was before the Board. Pp. 331 U. S. 427-428.
6. When circumstances arise after the Board's order has been issued which may affect the propriety of enforcement of the order, the reviewing court has discretion to decide the matter itself or to remand it to the Board for further consideration. P. 331 U. S. 428.
7. In the circumstances of this case, it is unnecessary to remand the case to the National Labor Relations Board for consideration of the issue as to the status of plant guards who were deputized as municipal policemen subsequently to the issuance of the Board's order, there being nothing in the instant case which would make inapplicable the Board's known policy with respect to deputized guards. P. 331 U. S. 428.
8. The facts and law of this case would justify a determination by the Board that the guards at the private plant in question were "employees" within the meaning of § 2(3) of the National Labor Relations Act, notwithstanding their deputization as municipal policemen, and that they were entitled to select as their bargaining agent a union which also represented production and maintenance workers. Pp. 331 U. S. 429-431.
154 F.2d 932 reversed.
An order of the National Labor Relations Board, 53 N.L.R.B. 1046, issued under the National Labor Relations Act, was denied enforcement by the Circuit Court of Appeals. 154 F.2d 932. (A previous judgment, 146 F.2d 718, had been vacated and the case remanded by this Court, 325 U.S. 838.) This Court granted certiorari. 329 U. S. 710. Reversed, p. 331 U. S. 431.