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REPUBLIC AVIATION CORP. v. NATIONAL LABOR REL. BOARD

No. 287.

142 F.2d 193 (1944)

REPUBLIC AVIATION CORPORATION v. NATIONAL LABOR RELATIONS BOARD.

Circuit Court of Appeals, Second Circuit.

March 22, 1944.

Attorney(s) appearing for the Case

J. Edward Lumbard Jr., of Washington, D. C., and John J. Ryan and Donovan, Leisure, Newton & Lumbard, all of New York City (Granville Whittlesey, Jr., of New York City, Frederick M. Davenport, Jr., of Washington, D. C., and Paul J. Quinn, of New York City, of counsel), for petitioner.

Howard Lichtenstein, of Washington, D. C., Alvin J. Rockwell, Gen. Counsel, and Joseph B. Robison and Eleanor Schwartzbach, Attys., National Labor Relations Board, all of Washington, D. C., for respondent.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This case raises two questions. The first is whether the Board has power to forbid an employer, who has promulgated a rule, generally forbidding solicitation of any kind in his plant, to apply it to prevent electioneering for a union during the lunch hour. The second is whether the Board may compel an employer whose plant has not yet been "organized," to allow employees to wear "shop steward" buttons...

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