Texas Co. v. National Labor Relations Board

The Texas Company, pursuant to § 10(f)-of the National Labor Relations Act as-amended, 29 U.S.C.A. § 160 (f), petitions the court to review and set aside an order of the National Labor Relations Board re quiring it to offer employment to one George Cody, a former supervisory employee discharged for cause, and to make him whole for loss of pay suffered from the date of petitioner’s refusal to take him back as an ordinary employee. The Board found that the refusal to hire Cody violated § 8(a) (3) of the Act, 26 U.S.C.A. § 158 (a) (3) ; and in its answer here it asks enforcement of its order.

The situation, as well as the question at issue, is novel and a somewhat extended statement of the facts seems requisite. The petitioner is engaged in the production of crude oil in the Los Angeles area and elsewhere in California. It operates a refinery at Los Angeles and a pipeline division which is administered by its refinery department. At various times since 1938 the Oil Workers International Union and its Local 128 have represented groups of the petitioner’s employees. At all times prior to September 1948 the relations between petitioner and the Union had been amicable. On September 4,…