National Labor Relations Board v. Yutana Barge Lines, Inc.

Good Law
315 F.2d 524·52 L.R.R.M. (BNA) 2750·1963 U.S. App. LEXIS 5782
United States Court of Appeals for the Ninth CircuitMarch 25, 196316966California3,555 words

Opinion

Opinion

Koelsch, J.

This case is here on the petition of the National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act [ 61 Stat. 136 , 29 U.S.C. § 151 et seq. as amended], for enforcement of its order issued against the respondent, Yutana Barge Lines, Inc. (Yutana).

The Board concluded: (1) that on and after June 18, 1957, Yutana violated Sections 8(a) (5) and 8(a) (1) of the Act by refusing to bargain in good faith with the International Brotherhood of Longshoremen, Local 38-171, AFL-CIO, (Union) ; (2) that on April 20, 1957 Yutana violated Sections 8(a) (3) and 8(a) (1) by refusing to hire a number of former employees because of their membership in the Union. By its order the Board directed Yutana to cease its unfair practices, to make certain employees whole and to post appropriate notices.

Yutana commenced business in 1955; its terminal is in Nenana, Alaska; it transports freight by barge from and to points on the Yukon and Kokuyok Rivers. The business is seasonal, being normally limited to the period between the middle of May and the first of October, because ice conditions on the rivers prevent travel during the remainder of the year. Yutana employs most…

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