National Labor Relations Board v. American Potash & Chemical Corp.

This proceeding arises from a report of the American Potash and Chemical Corporation, hereafter called Potash, claiming to show that it has purged itself of the contempt we held it had committed in our decision in National Labor Relations Board v. American Potash & Chemical Corporation, 9 Cir., reported in 113 F.2d 232, 236 , 129 A.L.R. 874 , and praying that it be deemed purged of that contempt.

The report shows compliance by Potash with our order of reinstatement of its discharged employees. It also shows the payments to them of all but $4,044.94 of their back wages. This sum Potash claims it need not pay because an equal amount was paid by Potash to the attorney for the employees for his services to them in the negotiations for the contract between them and Potash. Under that contract the men were paid all their back pay to the time of negotiating the contract, plus an additional sum for giving up their right of reinstatement and a general release of all Potash’s liability. The payment of the attorney’s fee was a part of that agreement and an additional consideration to the men for their yielding of their right of reinstatement.

We have held that the agreement of the men to…