The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit court of appeals refused to enforce the latter part of the order, and on writ of certiorari to the United States Supreme Court, held that only the portion of the board's order directing the company to bargain collectively could be enforced. National Labor Relations Board v. Express Publishing Co., (U.S. 1941) 61 S. Ct. 693, modifying (C. C. A. 5th, 1940) 111 F. (2d) 588.
Rex B. Martin,
ADMINISTRATIVE LAW - NATIONAL LABOR RELATIONS BOARD - PERMISSIBLE SCOPE OF CEASE AND DESIST ORDERS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol39/iss7/10