Republic Aviation Corp. v. Labor Board,
324 U.S. 793 (1945)

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U.S. Supreme Court

Republic Aviation Corp. v. Labor Board, 324 U.S. 793 (1945)

Republic Aviation Corp. v. National Labor Relations Board

No. 226

Argued January 10, 1945

Decided April 23, 1945*

324 U.S. 793


1. The National Labor Relations Board was warranted in these cases in finding unfair labor practices, violative of § 8 of the National Labor Relations Act, in the employer's (1) enforcement of a "no solicitation" rule against the solicitation of union membership by employees on company property during lunch hour; (2) discharge of employees for wearing union "shop steward" buttons in the plant, though at a time when a majority of the employees had not designated any collective bargaining representative; and (3) enforcement of a general "no-distribution" rule against distribution of union literature or circulars by employees on their own time though on parking lots owned by the company and adjacent to the plant. Pp. 324 U. S. 795, 324 U. S. 803.

2. As an administrative agency with power after hearings to determine on the evidence in adversary proceedings whether violations of statutory commands have occurred, the Labor Board, within the limits of its inquiry, may infer from proven facts such conclusions as reasonably may be based on the facts proven. P. 324 U. S. 800.

Page 324 U. S. 794

3. It was reasonable for the Labor Board to adopt a presumption of invalidity of a company rule forbidding union solicitation by employees on company property outside of working hours in the absence of evidence that special circumstances make the rule necessary in order to maintain production or discipline. P. 324 U. S. 803.

4. The discharge of an employee for violation of a company rule against solicitation, which rule was invalid as applied to the union solicitation in which the employee engaged on his own time, was discriminatory within the meaning of § 8(3) of the Act in that it discouraged membership in a labor union, notwithstanding that the rule was enforced impartially against all solicitors. P. 324 U. S. 805.

12 F.2d 193 affirmed. 143 F.2d 67 reversed.

Certiorari, 323 U.S. 688, 698, to review, in No. 226, a decree granting enforcement of an order of the National Labor Relations Board, and, in No. 452, a judgment setting aside an order of the Board.

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