Court : US Supreme Court
Decided on : Feb-28-1949
..... other concerted activities for the purpose of collective bargaining or other mutual aid or protection. the house bill, however, made two changes in that section of the act. first, it was stated specifically that the rights set forth were not to be considered as including the right to commit or participate in unfair ..... is also empowered to prevent. [ footnote 15 ] "both the house bill and the senate amendment, in amending the national labor relations act, preserved the right under section 7 of that act of employees to self-organization, to form, join, or assist any labor organization, and to bargain collectively through representatives of their own ..... in the harnischfeger and armour cases that such a conclusion does not necessarily follow a finding that the employees' activities were concerted: ". . . section 7 of the act expressly guarantees employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. we do not interpret .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-28-1949
..... point for decision in this case is whether the board was justified in concluding that the four respondent companies interfered with rights guaranteed by 7 of the wagner act. section 7 provides that "[e]mployees shall have the right to self-organization, to form, join, or assist labor organizations. . . ." 49 stat. 452. ..... union, the respondents stowe, acme, perfection, and linford interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in section 7 of the act, in violation of section 8(1) thereof." id. 624. [ footnote 2/3 ] "ownership does not always mean absolute dominion. the more an owner, for his ..... purpose" of the discriminatory denial is "to impede, prevent, and discourage self-organization and collective bargaining by the [company's] employees within the meaning of section 7 of the act." north belmont, north carolina, is the home of the four respondents' mills. interlocking directorates and family ties make the four equal one for our purposes .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-14-1949
..... . britton, 79 u.s.app.d.c. 309, 147 f.2d 561, cert. denied, 325 u.s. 857, we granted certiorari. page 336 u. s. 200 section 8(f)(1) of the act provides that, "if an employee receive an injury which of itself would only cause permanent partial disability but which, combined with a previous disability, [ footnote 2 ] does, in ..... . when read in its ordinary sense, it can have but one meaning": liability for the second injury fund. but the word "disability" is defined in the statute. section 2 provides that, "when used in this act . . . , (10) "disability" means incapacity because of injury. . . ." (emphasis supplied.) the word "injury" is, in turn, defined as "accidental injury or death arising out of and ..... in 8(f)(1) is not to be construed as a term of art, but rather in a broader and more usual concept. pp. 336 u. s. 200 -202. 3. section 8(f)(1) is not to be read as creating a distinction between a worker previously injured in industry and one handicapped by a nonindustrial cause. pp. 336 u. s .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-14-1949
..... , although it might fall within the industrial category if sold to a consumer who did nothing but manufacture shirts. since any other interpretation of the section would entail the almost insurmountable administrative difficulty of classifying all the electricity sold to a plant according to the specific operations to which such power was ..... definition which differentiates for this statutory clause between industrial and commercial in other lines of business activity. that is a problem primarily for the administrators of the section, with knowledge of the specific and varying facts. the legislative history indicates that the term "commercial" was meant to apply to the nature of the ..... 47 stat. 169, 266. this act was amended in 1933 to make the burden of the tax fall directly upon the vendor. 48 stat. 254, 256. no change of any significance for our purposes has occurred since the original enactment of this provision. although the language of the section does not include the word "industrial .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-07-1949
..... district court sought to find a federal rule permitting acceptance by a simple majority vote of the shareholders in the provisions of 5(11) of the interstate commerce act. [ footnote 8 ] but that section relates to voluntary mergers, page 336 u. s. 140 not to the purchase of a leased line as part of a plan of reorganization. the commission ..... 10 ] nor is the ambit of federal power less broad in cases arising under the bankruptcy laws of the united states. section 77(f) of the bankruptcy act specifically provides that the plan of reorganization shall be put into effect "the laws of any state or the decision or order of any state authority to the contrary ..... s. 139 not the least of the difficulties with a contrary result is the fact that the bankruptcy act gives no clue to what proportion of the lessor's stockholders must vote to accept the offer if state law is not controlling. section 77(e) provides that confirmation of a plan requires acceptance by creditors holding two-thirds in amount of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-31-1949
..... the use of sound amplifying systems." perhaps the last-quoted paragraph assumes that all sound trucks emit loud and raucous noises. [ footnote 7 ] he wrote: "section 4 of the ordinance, under which appellant was charged, prohibits any person from using for any purpose whatsoever, a loudspeaker or sound amplifier which emits therefrom 'loud ..... were involved. no man should be subject to punishment under a statute when even a bare majority of judges upholding the conviction cannot agree upon what acts the statute denounces. what the effect of this decision may be, i cannot foretell, except that kovacs will stand convicted and the division among the ..... safety, and comprehends the duty, within constitutional limitations, to protect the wellbeing and tranquility of a community. [ footnote 4 ] a state or city may prohibit acts or things reasonably thought to bring evil or harm to its people. in this case, new jersey necessarily has construed this very ordinance as applied to sound amplification. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-17-1949
..... and privileges whether affirmative or negative in form, 227.15, and is allowed any person aggrieved and directly affected by the administrative decision. 227.16. [ footnote 2 ] section 111.05(4) provides: "the fact that one election has been held shall not prevent the holding of another election among the same group of employees, provided that ..... the national labor relations act, amended, now provides in part: "the board is empowered by agreement with any agency of any state or territory ..... under the wisconsin act also excludes certain strikers and others who have not been at work for certain periods. 111.02(3). these latter exceptions likewise do not, in the main, square with the definition of employee contained in 2(3) of the federal act. [ footnote 10 ] u.s.const. art. vi. [ footnote 11 ] section 10(a) of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-17-1949
..... of a taxing statute, the doubt should be resolved in favor of the taxpayer, we feel bound to hold that the joint resolution of 1931 and section 803(a) of the act of 1932 apply only to transfers with reservation of life income made subsequent to the dates of their adoption respectively." "holding this view, we need ..... or enjoyment" clause in death tax statutes, and with what appears to be complete unanimity, they have, up to this day, despite may v. heiner, substantially agreed with this 1884 pennsylvania supreme court interpretation. [ footnote 6 ] congress used the "possession or enjoyment" clause in death tax legislation in 1862, 1864, and 1898. 12 stat. 432, 485; ..... "possession or enjoyment" provision appearing in 811(c) seems to have originated in a pennsylvania inheritance tax law in 1826. [ footnote 5 ] as early as 1884, the supreme court of pennsylvania held that, where a legal transfer of property was made which carried with it a right of possession with a reservation by the grantor .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-17-1949
..... internal revenue code, because that court felt itself obliged by precedent to classify each such gain as a "gift" under 22(b)(3) of that act [ footnote 3 ] and code. we hold, however, that those sections do not, in the light of the decisions of this court, permit that result. page 336 u. s. 38 the first test of the taxability ..... on june 1, 1939. this paragraph shall not apply to any discharge occurring before the date of the enactment of the revenue act of 1939, or in a taxable year beginning after december 31, 1942." "(b) basis reduced. -- section 113(b) of the internal revenue code (relating to the adjusted basis of property) is amended by adding at the end ..... manner not material here in 53 stat. 574, 575, 26 u.s.c. (1940 ed.), 22(a). the revenue act of 1938 applied to the respondent's income in 1938 and the internal revenue code to that in 1939 and 1940. [ footnote 3 ] "sec. 22. gross income." " * * * *" "(b) exclusions from gross income. -- the following items shall not be included in .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-17-1949
..... the rule is that a default is the equivalent of an admission of allegations which are well pleaded. the court seeks support in the fact that other sections of the nationality act, 8 u.s.c. 738(e) and 746, provide for denaturalization when the alien has been convicted of the crime of procuring his certificate of ..... citizen might be implied, however, from the provision for notice by publication in 738(b). aside from possible constitutional questions, it may therefore be assumed that the section authorizes rendition of a denaturalization judgment in a defendant's absence. but it does not necessarily follow page 335 u. s. 610 that a court may also render ..... rule for vacating a judgment. first. the court assumes, as i think it must, that 338 of the nationality act authorizes default judgments of denaturalization. so much is clear from the provisions in (b) of that section for notice by publication and in (c) for the denaturalization of one who has left the united states to establish .....
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