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Show Courts' Interference With N LRB Curbed High Tribunal Hands Down Two Sweeping Decisions; AFL Loses in Test Case WASHINGTON, Jan. 2 (INS) The tuprem. court, In two far-reaching Wagner act rulings, today curbed power of federal fed-eral court to interfere with decision of the national labor re- lation board. ' In one case, the American Federation Fed-eration of Labor lost its appeal to compel a circuit court to consider Ita attack on the labor board' order or-der for "industry-wide" bargaining bargain-ing for longshoremen on th Pacific Pa-cific coast. The decision marked a smashing victory for the C I O's Longshoremen Longshore-men and Warehouse Worker' union, headed by Harry Bridges. Curbing the courts In another case Involving the Falk corpora-tiorr corpora-tiorr of Milwaukee, the high court ruled that courts cannot interfere with or supervise collective bargaining bar-gaining election ordered by the labor board. Specifically the court ruled that collective bargaining representation representa-tion cases are not subject to court review under the Wagner act. Barred from Review Effect of the decisions Is to remove re-move a vast majority of order of th labor -board from review oy circuit courts of appeals. Th decision de-cision left open the question of whether such orders can be attacked at-tacked by other court suits. The high court. In an opinion written by Justice Stone In the Padflc coast case, stated: "The conclusion i unavoidable that congress, as th result of a deliberate choice of conflicting policies, pol-icies, has exduded representation certifications of th board from review by federal appellate court authorized by th Wagner act except ex-cept In th drcu instance ipedfied In section 9 D." Critic, of th Wagner act In congress con-gress have charged that representation represen-tation cases constitute 95 per cent of the labor board' rulings. Appeals Oartalled Effect of the decision. It appeared, ap-peared, I to deprive either th American Federation of Labor or (Catttlniw oa Par ThrM lOoluaui WMtt SUPREME COURT 1 UPHOLDS NLRB (OmIMM frees Peae Oh) the Congress ol Industrial Organisations Organi-sations Um right to appeal to federal fed-eral circuit courts when dissatisfied dissatis-fied with a certification of a union by the labor board. Both the decisions In the Pacific coast and Falk cases were unanimous unani-mous except that Justice McReyn-olds McReyn-olds failed to participate In the Talk case. The decisions, which confirm the labor board's claim that congress granted It wide discretionary power, pow-er, may Intensify the drive In congress con-gress to revise the act. The court also ruled that filing of a petition in bankruptcy under the Frazler-Lemke farm mortgage moratorium act gives exclusive Jurisdiction to federal courts. The Issue was raised on appeals by Ernest Newton Kalb and wife, Wisconsin farmers, contesting a state court foreclosure. They asserted that the Judge of the circuit court of Walworth county, coun-ty, Wisconsin, confirmed an order for sals of their farm under foreclosure fore-closure after a petition In bankruptcy bank-ruptcy had been reinstated by the federal district court.) In another nasa, ths labor board appealed in an effort to uphold Its order for a run-off election of employes of the Consumers' Power company of Jackson, Mich., In which the International Brotherhood Brother-hood of Electrical Workers (AFL) was excluded. The high court held with the board. |