Leonard v. National Labor Relations Board. National Labor Relations Board v. Leonard

Leonard and other retailers dealing in furniture in an employer unit association, hereafter the Dealers, petition us to set aside an order of the National Labor Relations Board, hereafter the Board. The present Board order now attacked by the Dealers holds a violation of the Taft-Hart-ley Act, 29 U.S.C.A. § 151 et seq., a temporary lockout from their stores of employees during a pending labor dispute. The dispute has been settled and the question .before us is the validity of the Board’s order for back pay during the period of the lockout.

The question of the validity of the temporary lockout had been referred by us to the Board in the case of the same title, and based upon the same facts, 9 Cir., 197 F.2d 435 . There we gave an extended consideration of the legislative history of the Taft-Hartley Act’s provision concerning lockouts and the provisions themselves. What we there stated is to be deemed stated here.

The pertinent facts are that the single union of all the employees of the eleven Dealers was engaged in active negotiations with all the Dealers as a unit for an amend .ment.of an existing agreement between .them as to wages and conditions of emplo ?- ment. While the…