Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.
National Labor Relations Board, petitioner herein, seeks enforcement of its order directing respondent, Gatke Corporation, to cease and desist from refusing to bargain with the Union and coercing the employees in the exercise of their right to self-organization.
The Union, the United Construction Workers*fn1 had been "certified" July 21, 1944, by the Board, as the bargaining agent for the Company's employees. Conferences were held between the Union's agents and the Company and its attorney, with the result that several issues*fn2 were settled, and several were not settled.*fn3 The Company refused on December 6, 1944 to sign a "partial" contract covering the agreed subjects.
The dispute was then carried to the War Labor Board early in 1945; the Regional Panel thereof issued its directive October 11, 1945, and on appeal taken by the Company the National War Labor Board issued its directive, December 11, 1945.
The Company chose not to honor the Directive, since "it had no 'legal' effect."
The Union filed with the Company on October 25, 1945, a list of its members pursuant to the Directive Order, which list of employees disclosed to the Company that the Union no longer represented a majority of the employees.
The Company thereupon, on january 22, 1946, wrote the Union the following letter, which is one of the bases of the charge of refusal to bargain:
"I have discussed the subject matter of your letter of January 7, 1946 with Mr. Gatke.
"The Company believes that the Directive Order of the National War Labor Board is wrong. I have advised Mr. Gatke that War Labor Board Directive Orders are only recommendations, and that the Courts have so held. I have also advised him that the reasons advanced by the War Labor Board for recommending maintenance of membership, - namely to compensate unions for their no strike pledge, are now non-existent.
"The Company also considers that the provision of the Directive Order relating to the payment of ...