LABOR LAW-POWER OF NATIONAL LABOR RELATIONS BOARD TO ORDER DISESTABLISHMENT OF COMPANY UNION

In two recent Supreme Court cases, National Labor Relations Board v. Pennsylvania Greyhound Lines, lnc., and National Labor Relations Board v. Pacific Greyhound Lines, lnc., it was held that the Board had the power under section 10 (c) to order an employer, who had created, fostered and dominated a labor organization of its employees, to withdraw recognition from such organization of its employees, to withdraw recognition from such organization as representative of the employees and to post notices that it was "so disestablished." In so doing the Court reversed the respective circuit courts which had held the Board was without such authority in the absence of notice to said union, and opportunity for a hearing, and without an election by the employees to choose a labor organization to represent them. The alleged basis of the power was the clause: "and to take such affirmative action . . . as will effectuate the policies of this Act." It is proposed to discuss herein certain problems arising out of section 10 (c).