National Labor Relations Board v. Tanner Motor Livery, Ltd.
Opinion
Opinion
Duniway, J.
The National Labor Relations Board petitions for enforcement of its order entered after we had remanded the case to the Board for further proceedings. Initially, the Board found that Tanner had unlawfully discharged two employees for engaging in concerted activities which were protected by the National Labor Relations Act, as amended. See 148 N.L.R.B. 1402 (1964). In NLRB v. Tanner Motor Livery, Ltd., 9 Cir., 1965, 349 F.2d 1 , we agreed with the Board that an attempt by two employees, acting in concert, to persuade their employer to hire Negroes was within the protection of section 7 of the Act, 29 U.S.C. § 157 . We remanded to the Board for .it to consider whether an employer could discharge employees who picket in support of their aims when there is an established collective bargaining representative having a contract with the employer, and the employees do not act or seek to act through that representative.
The'Board on remand held that such consideration was neither essential nor necessary. It indicated that
A dissenter would have dismissed the complaint.
The Board’s opinion obfuscates the issue somewhat, but the very troublesome question presented by this case remains: to…