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Supreme Court — Part 13
Page 77
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oT oR, ey ee ee a ' “ . Sra ied dee > aa
NLRB ¥. Cocacola Bottling Co, (1956) 350 U.S. 264 a
mo A labor aaion iustituted proceedings before the LEB charg!
an employer with unfair labor practices in violation of $$e(adQ) and
6(a)(3) ef the MLE Act, A complaint based eon these charges was issued.
At the hearing, the employer challenged the Board's jurisdiction on the
ground that the union had not satisfied the requirements of §9(h), which
requires the filing of non-Cocmunist affidavits by 211 "officers" of the
Union and of any national or international labor erganization of which it
is an affiliate, and offered to prove that the Regional Director or the
C.1.0. for Kentucky, whe had not filed such an affidavit, was an “officer”
within the meaning of §9(h),
The Supreme Court held: (1) The Board erred in ruling that,
during the course of the unfair labor practice hearing, the employer
could not show that the labor organization had not complied with section
9(h) and thereby establish the Board's want of jurisdiction, (2) The
Board's construction of the word “officer™ in $9(h) as meaning “any
person eccupying a position identified as an effice in the constitution of
the labor organization", and its finding that the Regional Director of the
C.1.0. for Kentucky is not such an "officer", are sustained.
Reversed and remanded.
Uliman vy. United States (1956) 350 U.S. 422
Petitioner was called before a federal] grand jury and asked
about his and other persons’ membership in the Communist Party and his
knowledge of subversive activities. When he claimed the privilege against
self-incrimination the Attorney General obtained an order under the Immunity
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