National Labor Relations Board v. Intalco Aluminum Corporation, Intalco Aluminum Corporation v. National Labor Relations Board

This is an application for enforcement of an order of the National Labor Relations Board (Board), 182 NLRB 57 . The Board found that Intalco Aluminum Corporation (Respondent) violated section 8(a) (1) of the National Labor Relations Act ( 28 U.S.C. § 158 (a) (1)) by wrongfully discharging 26 employees and suspending one employee, and by refusing to reinstate 15 striking employees upon their application for work at the conclusion of the strike. Respondent cross-petitions to review and set aside the Board’s order.

The facts surrounding the commission of the named unfair labor practices by respondent may be summarized briefly: On February 21, 1968, the Board made an order that respondent violated section 8(a) (1) and (2) by extending recognition to and executing a collective bar gaining agreement with the International Association of Machinists and Aerospace Workers (AFL-CIO) (Machinists) when it was a minority union, and further ordered that respondent cease giving effect to such agreement. The Board petitioned this court for enforcement of said order.

In March, 1969, while the proceeding in this court was pending, the Board ordered a representation election. Along with the…