National Labor Relations Board v. Trimfit of California, Inc.

Good Law
211 F.2d 206·33 L.R.R.M. (BNA) 2705·1954 U.S. App. LEXIS 3747
United States Court of Appeals for the Ninth CircuitFebruary 25, 195413827California1,367 words

Opinion

Opinion

Orr, J.

We have for consideration a petition of1 the National Labor Relations Board, hereafter the Board, asking enforcement of its order issued against respondent, a hosiery knitting mill located in Anaheim, California.

The Board found that respondent violated § 8(a). (5) and (1) of the Labor Management Relations Act, 29 U.S.C.A. § 158 (a) (1, 5), hereafter the Act, by refusing to bargain with Local 43-B, American Federation of Hosiery Workers, the duly designated representative o.f the majority of respondent’s employees, and violated § 8(a) (3) and (1) by discriminatorily refusing to rehire four employees upon reopening of the mill after a shutdown.

Respondent does not challenge the validity of the Board’s order relating to the §■ 8 (a) (3) violation. It contends that the order should be modified by striking the provision requiring reinstatement of four named employees discriminated against because reinstatement has heretofore been offered said employees.

Compliance with provisions of a Board order is no defense to a petition for Its enforcement. N. L. R. B. v. Mexia Textile Mills, 1950, 339 U.S. 563 , 70 S.Ct. 826, 833 , 94 L.Ed. 1067 . The alleged offers of reinstatement are no…

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