Pursuant to this agreement, at a consent election was held to determine which union would be certified by the Board as bargaining representative; the company-dominated union won a majority of the votes cast.

In a subsequent unfair labor practice proceeding the Board found that the company had engaged in unfair labor practices in two respects: Accordingly, the NLRB entered an order requiring petitioner to disestablish the company union; to cease and desist from giving effect to the union shop contract between it and the company union; and to reinstate forty-three employees, whom it found to have been discharged, according to the terms of the union shop contract, because of their affiliation with the C. I. O. and their failure to belong to the company union.

[3] The Supreme Court granted certiorari "because of the importance to the administration of the Act of the questions involved."

The Board's order was upheld by the United States Supreme Court even though it was not found that the company engaged in a conspiracy to bring about the employees' discharge.

The Court emphasized the general hostility of the company to the rival union and members.