Word: nlrb
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Until last week a political observer could consider himself well informed if he knew that a man named Smith was a member of NLRB. Last week it became inexcusable to be ignorant of the fact that there are two men named Smith on the three-man Board. For with certification of the National Labor Relations (Wagner) Act by the Supreme Court (TIME, April 19), NLRB stepped out from under its cloud into the full sunlight of rank and power...
...NLRB's non-Smith and chairman is Joseph Warren Madden, a quiet, friendly, good-humored scholar, greying at 47, who has been law professor at Cornell, Stanford, Chicago, Oklahoma, Ohio State, West Virginia and Pittsburgh universities. No recluse, he served in Pittsburgh on an NRA regional labor board, a special committee to arbitrate a streetcar strike, a Governor's commission on special policing in industry, a federation of social agencies, a housing association. For fun he leads an orchestra composed of his three sons and two daughters, plays tennis with his sons and baseball with the NLRB employes...
...Case. The Guild appealed to the National Labor Relations Board which summoned the AP to a hearing with Dean Charles E. Clark of the Yale Law School as Trial Examiner. John W. Davis, 1924 Democratic Presidential candidate, counsel for the AP, denied the jurisdiction of the NLRB, made no argument as to the facts of Watson's discharge. Clark ruled the AP must reinstate Watson because he had been 'discharged for Guild activities. The AP refused. NLRB then asked the Second Circuit Court of Appeals for an enforcing order against the AP. This was granted...
...Decision. This week, by a five-to-four decision, the minority differing only on the point about Freedom of the Press, the AP lost on all three counts. Having refused to argue whether Watson's work had actually become unsatisfactory, the AP after the NLRB hearings, had made its bed and had to lie in it. "We therefore accept as established," said the Supreme Court, "that the AP did not . . . discharge Watson because of unsatisfactory service but... for his activities in connection with the newspaper Guild...
That the Wagner Act was unconstitutional was denied by the Court in the other NLRA cases decided by the Court that day and the AP's third argument was disposed of by reference to them. Dutifully the AP notified the NLRB to have Reporter Watson return to work the next morning...