National Labor Relations Board v. Sterling Furniture Company and Carpet, Linoleum & Soft Tile Workers, Local No. 1235

On an earlier occasion certain aspects of this enforcement proceeding were before us, 9 Cir., 202 F.2d 41 , at which time we expressed agreement with the Board’s findings of violation but remanded the cause for reconsideration of a phase of its remedial order. On remand the Board decided that it would best effectuate the policies of the Act not to enforce its order in its entirety against the Association; and it amended the order to accord with the alternative suggested by this court. We further held that under the circumstances appearing to exist the order as against the Union was too broad. The Board took what was said on that subject as no more than a suggestion that it reconsider the point, and its original order as against the Union was permitted to stand unchanged. However, what was held in the opinion in respect of the undue breadth of the order must be accepted as the law of the case.

On remand the Board conducted proceedings to determine the amount of back pay necessary to make whole the employee Barnes, against whom the unfair practice had been directed. Following the usual hearing before a trial examiner, the making by the latter of an intermediate report, and the…