Opinion

National Labor Relations Board v. Orfeo Kostrencich, Fishermen's Union, Local 33, Ilwu, Intervenor

296 F.2d 561
49 L.R.R.M. (BNA) 2133
1961 U.S. App. LEXIS 3216

Court: Court of Appeals for the Ninth Circuit
Filed: Nov 13, 1961
Status: Published
On the bench: Stephens, Chambers, Hamlin
Cited by: 1 cases
Authority: More cited than 63.5%

The opinion

PER CURIAM.

On balance, it is not believed by this Court that enforcement of the Labor Board’s order would promote either industrial peace or the collective bargaining process which are purposes of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. Therefore enforcement is declined.

The board’s remedy, because of a condition ,in a prior contract which seems not to have been enforced, would now deprive the employees of any representation for a period. This seems undesirable and punitive without any compensating incidents.

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