January 4, 1962
NATIONAL LABOR RELATIONS BOARD, PETITIONER
RELIANCE FUEL OIL CORPORATION, RESPONDENT.
Per Curiam: Petition for rehearing denied.
Section 2(7) of the National Labor Relations Act defines "affecting commerce" as "in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce." Therefore, if the employer is himself engaged in interstate commerce, without more the jurisdiction of the Board is established. If the employer is not engaged in interstate commerce, the acts in question must lead or tend to lead to a dispute which must burden or obstruct the free flow of interstate commerce. We believe that in enacting this double test Congress intended the courts to examine whether or not a labor dispute involving only employers not engaged in interstate commerce did or did not directly or indirectly burden or obstruct interstate commerce. Had Congress meant to give the Board jurisdiction of all labor disputes involving employers who purchased more than a de minimis amount of supplies which had at one time moved in interstate commerce, it would have been easy enough to say so.
The case of Wickard v. Fillburn, 317 U.S. 111 (1942), urged upon us by the Board's petition for rehearing is inapplicable here. In that case the Supreme Court was dealing with a statute which was clearly broad enough to apply to the defendant's activities, and the only question before the court was the constitutionality of that statute. In the case at bar, the constitutionality of regulating the defendant's labor dispute is clear, and we are faced with a question of statutory interpretation. In the resolution of this question, the findings called for in the opinion are required.
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