Harman Mohland v. National Labor Relations Board

This petition for review is back before us following our earlier remand to the Board for consideration of a specific point not theretofore considered. Mohland v. NLRB, 394 F.2d 701 (9th Cir. 1968).

Petitioner charged his employer with an unfair labor practice, claiming that his discharge from employment violated § 8(a) (3) and (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (3) and (l). The Board found that the discharge was for cause in that petitioner had deliberately failed to abide by company rules respecting the filling out of his time cards. Petitioner contended that the company rule was in violation of the collective bargaining agreement and contrary to the Fair Labor Standards Act, 29 U.S.C. § 211 (c). The matter was remanded to the Board to pass upon the impact of that section upon the charge filed by petitioner.

On remand the Board, in a supplemental decision and order, determined that even if the company rule were invalid and hence not grounds for discharge under the collective bargaining agreement, this still would not render petitioner’s discharge a violation of § 8(a) (3), in absence of any proof of antiunion motivation. Since the Board had earlier…