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~ _ 87 to Go to Jail, | y-seven of the 02 strikers whom the labor board ordered re- instated Were convicted, of colt tempt of gourt in defying an in- junction fo evacuate plants and sentenced to jail terms rang: ing from 10 to 180 days. Their jast legal resort Having been ex- hausted, they now must serve the sentences. Ta the other two Wagner act ‘cases, the court held that there Was DO evidetice to mistain the fooard’s finding that the Colum- blan Enameling and Stamping Company, cf Terre Haute, Ind., and the Sands Manufacturing Company, of Cleveland, Ghio. re- fused to bargain collectively with their employes. It upheld decisions setting aside the board's orders to reinstate discharged employes with back \pay. Five Straight Losses Including these decisions, the labor board has lost five major cases in a Tow at the preses” term \of the Bybreme Court. in the ‘Consolida d Edison Company ease (New York) the Coutt con- j 9 far 8) c ba eee a on ©ruge 2, U6 id the board's order in 0 o far a gemnec as arbitrary and unlawful |* requ e company to bargain the board’s attempt to abrogats | Collectively with Lodge 66 of the an,American Federation of Labor | #rueleamated Association of Iron, gontract for the purpese of in- Steel & Tin Workers, me Fro. faauling & Cc. I. oO. union, In re y using review the Peninsular! Election O 4 and Occidental Steamship Com-| rdered vo “In view of the change the ;Pany case (Florida) the Court thwarted eftorts of the labor board | situation by reason of the valid © reinstate, with back pay, C.1.O./ discharge of the ‘sitdown’ strikers seamen who engaged in mutinouSignd the filling of positions with | sitdown strikes. new men, we see no basis for a conclusion that after the resump- | flon of work Lodge 66 was the| The Supreme Court divided five| choice of a majority of respond-| to two in each of the three Labor | @0t’s employes for the purpose of Board cases decided yesterday. collective bargaining,” gaid the Neither Justice Louis D. Brandeis,| Pinion by Chief Justice Hughes. who retired two weeks ago, nor) Whether the Rare Metal Work- Justice Felix Frankfurter, who) TS of America, Local No, 1, or the; too’ his seat on the bench a month/©-1-0. union, represents a major- :Ago took part in the consideration| ity of the employes {s a question or decision of the cases. Justices) hich the board must determine. Hugo L. Black and Stanley F.! by Means of an election, the court! Reed, both Roosevelt appointees, held. diseanted in all three cases, hold- But the court found that the, ing in effect that the majority|COmpany violated the Wagner act) opinions nullified the purposes of | bY Tefusing to bargain collectively | the Wagner act. with the C.1.0, union prior to the: In the Fansteel case, the Su-|Sitdown strike, which began on preme Court upheld the labor| February 17, 1937. board's order in so far as it rej am yp quired the company to cease and; “SEF \ desist from Interfering with the Tight of its employes to organize Black, Reed Dissent 8 In the Columbian case, Justice and b : tone, delivering the majority! P ho collectively. finding, said that the court could artiall held not find substantial evidence to’ y P sustain the board’s finding that It upheld that part of the! the enameling company had re board's onger requiring the com-|fused to bargain collectively. pany to / withdraw recognition| Justice Owen J. Roberts, hand. ' from the Yare Metal Workers of|ing down the majority opinion in. America, Local No. 1, which was'the Sands case, heid that there | formed after the CLO. sitdown! was not a “scintilia” of evidence +7 + strike. The opinion held that there/te show that the company’s un-| was evidence to support the/fair labor practices precipitated. board's contention that the com-|trouble at its plant. On the con-' pany promoted the formation ofitrary, he found that the company’ this union. in violation of the|had deasit “freely and candidly’ Waener Act. With the Mechanics Educational The court, however, did not up| Society of Americas.