National Labor Relations Board v. Long Lake Lumber Co.

Good Law
138 F.2d 363·13 L.R.R.M. (BNA) 576·1943 U.S. App. LEXIS 2504
United States Court of Appeals for the Ninth CircuitOctober 18, 1943No. 10368California907 words

Opinion

Lead Opinion

Healy, J.

The National Labor Relations Board petitions for our decree enforcing its order directed toward respondents. The order is predicated on findings that the respondents *364 interfered with and coerced their employees in the exercise of rights guaranteed under the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., and refused to bargain collectively with a union — a local of International Woodworkers of America, affiliated with C. I. O. — to which most of the respondents’ employees adhered. Respondents were ordered by the Board to desist from these practices, were directed to bargain collectively with the union upon request, and to offer reinstatement with back pay and to make whole the employees found to have been unlawfully discriminated against.

The jurisdiction of the Board is conceded, and it is not denied that the respondent Robinson engaged in the unfair labor practices charged. Admittedly the decree should be granted as against him. The single complaint is that the Board’s order should have been directed against Robinson alone, it being contended by respondent Long Lake Lumber Company that Robinson was an independent contractor and the sole employer of the men…

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