National Labor Relations Board v. Kalof Pulp & Paper Corporation

Good Law
290 F.2d 447·47 L.R.R.M. (BNA) 2928·1961 U.S. App. LEXIS 4931
United States Court of Appeals for the Ninth CircuitApril 3, 196116903_1California1,505 words

Opinion

Opinion

Merrill, J.

This case is before us upon the petition of the National Labor Relations Board to enforce its order issued against respondents on May 1, 1958, pursuant to § 10(c) of the National Labor Relations Act, as amended, 61 Stat. 136 , 29 U.S.C. § 151 et seq. The Board’s decision and order are reported at 120 N.L.R.B. 714 .

The Board found that respondent Company discriminatorily discharged four employees at the instance of respondent Union, thereby respectively violating §§ 8(a) (3) and (1) and 8(b) (2) and (1) (A) of the Act. The Board found that the Union further had violated § 8(b) (1) (A) by promising these employees benefits and threatening them with reprisals in order to induce them to stop their activities on behalf of a rival labor organization. The Board’s order in brief required respondents to cease and desist from further discriminatory action of the kind charged. The Company was required to offer the four employees reinstatement to their former or substantially similar positions. Respondents jointly were required to make the employees whole for loss of pay suffered. The petition for enforcement is opposed by both the Company and the Union.

The sole question presented by…

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