Labor Law: National Labor Relations Board: Conflicting Jurisdictional Areas of National and State Labor Boards

The!! National Labor Relations Board proceeded against defendant corporation, which was admittedly engaged in interstate commerce and subject to the National Labor Relations Act, to enforce its order enjoining the use of unfair labor practices and compelling the reinstatement of employees discharged because of union activities. Defendant attacked the board's jurisdiction on the ground that prior to the board's proceeding, the Wisconsin Labor Relations Board, acting under the Wisconsin labor law, had assumed jurisdiction of the case and had disposed of it, thus precluding subsequent action by the National Labor Relations Board. Held, the N. L. R. B. is not prevented from assuming jurisdiction, since there is no record of any formal proceedings or of an ultimate disposition of the case by the Wisconsin board. National Lahar Relations Board v. Algoma Net Co., (C. C. A. 7th, 1941) 124 F. (2d) 730.