National Labor Relations Board v. Red River Lumber Co.

Upon the submission of the motion to strike out certain portions of the petition of the' National Labor Relations Board charging the Red River Lumber Company with contempt in failing to carry out the enforcement order heretofore issued by this court, and in committing affirmative acts in disobedience thereof, we held that the complaint was insufficient to charge any contempt other than that concerning the order for reinstatement w°ith back pay of Payne and Kougianos. We gave opportunity for filing additional evidence by the Board and by the respondent with relation to these latter charges. Instead of availing itself of this opportunity the National *811 Labor Relations Board has asked leave to withdraw these latter charges without prejudice and in conformity with that request such an order has been made. We had not made a final order in the matter at the time of the withdrawal by the Board of the charges with relation to Payne and Kougianos. In view of that withdrawal it is appropriate now to determine whether or not there should be any further hearing and, if not, the character of the order to be made.

In the opinion heretofore filed we have clearly expressed our view with…