National Labor Relations Board v. Warner Bros. Pictures, Inc.

Good Law
191 F.2d 217·28 L.R.R.M. (BNA) 2575·1951 U.S. App. LEXIS 3388
United States Court of Appeals for the Ninth CircuitAugust 20, 195112568California1,069 words

Opinion

Opinion

Denman, J.

The National Labor Relations Board petitions, pursuant to § 10(e) of the National Labor Relations Act, as amended, 61 Stat. 136 , 29 U.S.C.A. § 151 et seq., for the enforcement of its order in a proceeding commenced by 24 complainants, requiring respondents- to cease and desist from claimed unfair labor practices, to reinstate and make whole some complainants and to pay -back pay to others.

The Board found that all three respondents, Warner Bros., Columbia Pictures and Loew’s, Inc., had violated § 8(1) of the Act, 29 U.S.C.A. § 158 (1) .

The specific conduct held 'to constitute a violation of § 8(1) was by discriminatorily refusing to reinstate 23 complainants held to be employees, 20 at Warner’s; 2 at Loew’s; 1 at Columbia, because of their collective activities during the strike hereafter described. As to one complairiant, found to be a Columbia employee (Hentschel), the violation was based upon a determination that Columbia had re-employed him after the strike had ended and then discriminatorily discharged him after he had worked one day.

Respondents were subjected to a strike called by the Conference of Studio Unions (GSU). This was a jurisdictional strike against the…

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