Herman Mohland v. National Labor Relations Board

This case is before the court upon the petition of Herman Mohland, herein “Petitioner”, to review and set aside an order of the National Labor Relations Board, issued on March 31, 1967, dismissing an Unfair Labor Practice complaint against Hoemer-Waldorf Paper Products Company, herein “Company.”

Petitioner was the charging party before the Board. The Board’s decision and order, issued pursuant to Section 10 (c) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq., are reported in 163 NLRB No. 105 . This court has jurisdiction under Section 10 (f) of the Act, the alleged unfair labor practices having occurred in Missoula, Montana.

We have concluded, for the reasons hereinafter set forth, that the cause must be remanded to the Board for further proceedings. For such purpose we need not set forth in this opinion a complete résumé of the facts disclosed by the record. We deem the following to be sufficient :

At all times material herein, the Company operated under a Collective Bargaining Agreement with Hellgate Local 885, International Brotherhood of Pulp, Sulphite & Paper Mill Workers, AFL-CIO. Provisions of that agreement pertinent to this opinion are:

On…