National Labor Relations Board v. Ambrose Distributing Company

Good Law
439 F.2d 720·76 L.R.R.M. (BNA) 3053·1971 U.S. App. LEXIS 11210
United States Court of Appeals for the Ninth CircuitMarch 23, 197120200_1California425 words

Opinion

Opinion

Before us is the petition of the National Labor Relations Board for enforcement of its supplemental order issued against respondent, Ambrose Distributing Company, on September 30, 1969, ordering respondent to pay its discharged employee, Richard F. Byrd, as net back-pay the amount of $12,466.00, with interest at the rate of six percent per annum computed on the basis of quarterly amounts of net backpay due, less any tax withholding required by law. The Board’s supplemental decision and order are reported at 178 NLRB No. 114 .

The Board in the underlying unfair labor practice proceeding found that the Company violated Section 8(a) (3) and (1) of the Act by discharging Byrd to discourage union activities. On March 9, 1966, this Court entered its decree enforcing in full the remedial order of the Board which inter alia, directed the Company to offer reinstatement to Byrd and to make him whole for the loss of any pay suffered by the Company’s unfair labor practice. N. L. R. B. v. Ambrose Distributing Company, 358 F.2d 319 (C.A.9, 1966), cert. denied 385 U.S. 838 , 87 S.Ct. 86 , 17 L.Ed.2d 72 .

On July 26, 1967, this Court adjudged respondent to be in civil contempt in failing to…

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