National Labor Relations Board v. Pacific Greyhound Lines, Inc.

Petitioner, hereafter called the Board, having heretofore procured our decree confirming its order of December 18, 1936, requiring respondent, hereafter called Greyhound, to cease and desist from certain unfair labor practices, alleges in its petition that Greyhound has violated our decree and prays for the issuance of a rule requiring Greyhound to show cause why it should not be adjudicated in contempt. A rule to show cause was made and served and Greyhound responded by its motion to dismiss the Board’s petition on the ground that the petition failed to state facts constituting a violation of the decree.

Since the decree of this court confirmed the cease and desist order of the Board of date December 18, 1936, the conduct of Greyhound prior to that date determines the character of .the acts which were ordered to cease and from which Greyhound was to desist. Cf. National Labor Relations Board v. Carlisle Lumber Co., 9 Cir., 99 F.2d 533, 538 .

The Board’s order and our decree ordered Greyhound to cease and desist,

“(a) From discouraging membership in the Brotherhood of Locomotive Engine-men and Firemen, or any other labor organization of its operators, or encouraging membership…