Basic Guide to the National Labor Relations Act
Court Enforcement of Board Orders
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Court Enforcement of Board Orders—In the U.S. court of appeals. If an employer or a union fails to comply
with a Board order, Section 10(e) empowers the Board to petition the U.S. court of appeals for a court decree enforcing the order of the Board enjoining conduct that the Board has found to be unlawful. Section 10(l) provides that any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain a review of such order in any appropriate circuit court of appeals. When the court of appeals hears a petition concerning a Board order, it may enforce the order, remand it to the Board for reconsideration, change it, or set it aside entirely. If the court of appeals issues a judgment enforcing the Board order, failure to comply may be punishable by fine or imprisonment for contempt of court. Review by the U.S. Supreme Court. In some cases the U.S. Supreme Court may be asked to review the decision of a circuit court of appeals, particularly when there is a conflict in the views of different courts on the same important problem. Conclusion In this material the entire Act has been covered, but, of necessity, the coverage has been brief. No attempt has been made to state the law in detail or to supply you with a textbook on labor law. We have tried to explain the Act in a manner intended to make it easier to understand what the basic provisions of the Act are and how they may concern you. If it helps you to recognize and know your rights and obligations under the Act, and aids in determining whether you need expert assistance when a problem arises, its purpose will have been satisfied. More than that, the objective of the Act will have been furthered. The objective of the National Labor Relations Act, to avoid or reduce industrial strife and protect the public health, safety, and interest, can best be achieved by the parties or those who may become parties to an individual dispute. Voluntary adjustment of differences at the community and local level is almost invariably the speediest, most satisfactory, and longest lasting way of carrying out the objective of the Act. Efforts are being made in all our Regional Offices to increase the understanding of all parties about what the law requires of them. Long experience has taught us that when the parties fully understand their rights and obligations, they are more ready and able to adjust their differences voluntarily. Seldom do individuals go into a courtroom, a hearing, or any other avoidable contest, knowing that they are in the wrong and that they can expect to lose the decision. No one really likes to be publicly recorded as a law violator (and a loser too). Similarly, it is seldom that individuals refuse to accept an informal adjustment of differences that is reasonable, knowing that they can obtain no better result from the formal proceeding, even if they prevail. The consequences of ignorance in these matters—formal proceedings that can be time consuming and costly, and that are often followed by bitterness and antagonism—are economically wasteful, and usually it is accurate to say that neither party really wins. It is in an attempt to bring about more widespread awareness of the basic law and thus help the parties avoid these consequences that this material has been prepared and presented as a part of a continuing program to increase understanding of the National Labor Relations Act. |
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