Public Control of Labor Relations: A Study of the National Labor Relations Board

By D. O. Bowman | Go to book overview

Chapter XXII. THE COURT RECORD OF THE BOARD

A. The Amount of Litigation and the Board's Record
Since its inception the Board has been confronted with a tremendous volume of litigation. With the large number of decisions, and litigation arising from other sources, the Board probably has been required to meet its opponents in the courts more than any other agency in a comparable period of time, with perhaps the sole exception of the Board of Tax Appeals. The Board litigation has been broad in scope and character and has included as issues the appropriateness of injunctions issued by district courts, interstate commerce, free speech and free press, Board orders in general, procedural questions, substantive questions, questions of fact, the appropriateness of particular remedial orders, questions of statutory construction, the scope of court review of Board proceedings, and even rules of evidence.In addition, the Board has been required to engage in necessary litigation where there were "tactical" proceedings for enforcement of Board orders, such as motions opposing applications for stays of Board orders, Board opposition to permission to adduce additional evidence, and other preliminary litigation. Statistics alone are inadequate to reveal the tenacity and legal extremities relied upon by Board opponents, who often consumed years in litigating cases. An example of the lengths to which opposition went may be detailed for one case:1Bethlehem Shipbuilding Corp., Ltd., v. Howard Myers and the N.L.R.B.
Bill of complaint for injunctive relief filed April 27, 1936.
Restraining order and order to show cause issued April 27, 1936.
____________________
1
Hearings Before a Subcommittee of the Committee on the Judiciary, U. S. Senate (S. Res. 207), 75th Congress, 3rd Session, pp. 116-117.

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