◆ SpookStack

‘holding that an employer, under fthe constitution $right of free speech, tay legally give bis em- should. vote for union representa- e imployer in this case. the president of thé American Tube Bending Co,, Inc,, of New Haven, Conn,, had been accused by the National Labor Reistions Board of unfalr labor practices. A cir- PoP ge at mo Wo Pee ee ees Pee ee es Pr’ _ iit COUT decision dismissed these charges and the Supreme Court, in refusing to review tt, left the ruling in effect. . ; In the background of the case was a finding by the Labor Rela- tions Board that the firm’s presi- dent, on the eve of a collective bar- gaining election, sent a letter to each employe and delivered an ad- dress to the employes suggesting that they would be better off by aricining dimentle Le men bargaining directly with the man- ‘ployes his. views on whether they agement instead of. . through a union.’ ‘ : t The Labor Board argued, in gk: ing for a review of the decisidn, that “the privilege of free speegh is not available where, because of the economic dependence of the listeners upon the speaker and the eompulsion upon’ the listeners to give heed, the adajurations of the -|speaker pasd from the realm of .[free competion of ideas into that ‘fof coercion.” | ot ‘ Disclaiming any attempt at-coer- elon of the employes, counsel for the company contended that the speech and the letters “set forth the right of the employes to do as they please without fear of retali- ation by the company.” ; The company sald “the moder- ate utterances’ of the President “are within the protection” of the éonstitutional guaranee of iree apeech, It denied any vidlaon of the National Labor Relations Act for colective bargaining. | In a decision on December 22, 1941, involving the Virginla Elec- tric & Power Co. the court said jthat the Labor Act did vAct enjoln an employer “from expressing its “Mew on iabor policies or prob- Perea el i oar , i ates Pa REPS TERE 3 E ge Z e against the Aluminum Os. af ica until ‘a legal quorum -of eix justices can be assembled to act on © legal quorum to Ave and an- |} tired Justices to sit with the court [ when the present quorum of six) fg not available. 7 . . Action on the two cases has been help up for months by the fact that four of the present nine jus- tives are disqualifted. Most of the our were connected with the liti- ation before they were appointed © the tribunal. Unless legislation is passed hanging the present situation, the ourt will be unable to act until ne of the present disqualified jus- ces leaves the bench and is suc- eeded by s jurist free to par. icipate. . toe Other Actions By Court. - Among other actions yesterday, the court: ' Refused to review a decision sus- taining the constitutionality of j - legislation authorizing the Presi-{ dent to prohibit, except under licenses, transactions in foreign ex- change involving property in speci- fied European countries. The jaw 7 was challenged by Werner von Clemm, convicted in the southern New York Federal District Court in which nationals of the Nether- lands, Belgium and _ Luxembourg had interests for the purpose of selling them in this country, Refused to review a ruling that company, which failed to pay a worker overtime compensation when due because of a misinterpte- tation of the Federal Wage-Hour ct, ix required to pay damages equal to the extra compensation’ ven after the overtime payment as voluntarily made. This de ision, by the Tenth Federal Cir. uit Court, was challenged by the neca Coal & Coke Co., operator a mine in northern Oklahoma. he Utigation involved payments a night swetehfTin. a of conspiring te import diamonds}: Mr, Toteow.----------- ri A. Tare. .--- Str, Clegg -.---5 erro Bir. Cot ey ..---+ -0-2++ Mr. Gtow'™ «2. - +e ee My, Ladd. -.--- es Sir, Niaole----- 7, tts. Beacm .-ig-- Bir, AGOP@ -------0-°* Dir. Carel --0- 7--* ie. Flex dom .--5--0" Mr. Mumiord ...----- wre BMamedi.. i. eeenn int. seern