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Labor Board v. Stowe Spinning Co., 336 U.S. 226 (1949)

National Labor Relations Board v. Stowe Spinning Co.

No. 46

Argued December 9-10, 1948

Decided February 28, 1949

336 U.S. 226


1. In the circumstances of this case, the National Labor Relations Board could properly find that it was an unfair labor practice violative of § 8(1) of the National Labor Relations Act, for an employer to discriminate against a labor organization by denying it the use of a company-owned meeting hall which was the only available meeting hall in a company town. The Board had found that the use of the hall had been freely given to other groups, and that the employer's sole purpose in denying the use of it to the labor organization was to impede self-organization and collective bargaining by its employees. Pp. 336 U. S. 227-233.

(a) In the setting of this case, it cannot be said as a matter of law that the grant of the use of the meeting hall to the labor organization would violate the provision of § 8(2) forbidding employer interference with the formation or administration of any labor organization. Pp. 336 U. S. 230-232.

(b) Such interference with the employer's property rights as is contemplated by the result in this case does not deny any right of the employer under the Fifth Amendment of the Federal Constitution. P. 336 U. S. 232.

2. The order of the National Labor Relations Board in this case, requiring the employer to cease and desist from refusing the use of the meeting hall to the complainant or any other labor organization, is too broad, and is not supported by the findings of the Board, and it must be modified so as to restrain the employer from treating a labor organization's application for use of the hall on a different basis from those of others similarly situated. Pp. 336 U. S. 232-233.

165 F.2d 609, reversed.

The Court of Appeals refused enforcement of that part of an order of the National Labor Relations Board, 70 N.L.R.B. 614, which required an employer to grant to a labor organization the use of a meeting hall in a

Page 336 U. S. 227

company town. 165 F.2d 609. This Court granted certiorari. 334 U.S. 831. Reversed and remanded, p. 336 U. S. 233.

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