340 U.S. 474 (1951) Cited 9,673 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
In National Labor Relations Board v. Remington Rand, 2 Cir., 94 F.2d 862, 869, the Board had ordered the employer to deal exclusively with a joint board which had brought the unfair labor practice charges involved in that case.
In Colonie Fibre Co. v. National Labor Relations Board, 2 Cir., 163 F.2d 65, which turned upon a provision making the closed-shop agreement effective some eight months before the contract was adopted, only the retroactive provision was held to be void. Thus an unusually drastic penalty is exacted in this case, for the respondent is ordered to cease and desist from giving effect at its Saginaw plants to the contract of May 16, 1946, in its entirety.