Texas Co. v. National Labor Relations Board

Petitioner, steamship owner and operator, seeking to have set aside an order of the National Labor Relations Board based upon findings of unfair labor practices in the discharges of one Rosen from two of its vessels. The Board cross-petitions for the enforcement of its order.

A Board order based on Rosen’s two discharges was before us in petitioner’s former petition, and considered in our opinion in Texas Company v. N. L. R. B., 9 Cir., 120 F.2d 186 . In that case we held the Board had failed to consider certain provisions of the maritime law for the protection of safety of life at sea in holding *563 one Buckless, an habitually drunken boatswain, improperly had been discharged. We set aside the Board’s order so far as it was based on its treatment of Buckless’ conduct.

With regard to Rosen’s discharges we returned the case to the Board for further consideration, having in view the disregarded maritime safety legislation. The petitioner had there urged that there was no substantial evidence from which the Board could infer that the discharges constituted unfair labor practices and, therefore, that we should set aside the Board’s order on that ground. Obviously, we would have…