# Peninsular & Occidental S. S. Co. v. National Labor Relations Board

> Court of Appeals for the Fifth Circuit · July 29, 1938 · 98 F.2d 411

URL: https://www.frixlaw.com/law-library/cases/9643449

## Case

- **Full name:** PENINSULAR & OCCIDENTAL S. S. CO. v. NATIONAL LABOR RELATIONS BOARD (INTERNATIONAL SEAMEN’S UNION, Intervener)
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 29, 1938
- **Citations:** 98 F.2d 411; 2 L.R.R.M. (BNA) 701; 1938 U.S. App. LEXIS 4675
- **Precedential status:** Published
- **Opinion:** Concurrence by Sibley
- **Judges:** Foster, Sibley, Holmes
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9643449

## Opinion text

SIBLEY, Circuit Judge
(concurring).
In addition to what Judge FOSTER has said I wish to emphasize one thing. The Board found that the crew members they ordered reinstated “were discharged for the reason that they joined and assisted the NM U.” This finding was rested mainly on acts and statements attributed to certain inferior ship’s officers which indicated opposition to the NMU. It clearly appears that the decision to discharge all the crews and tie up the ships was made by the Company’s officials, as was the decision to reemploy crews and sail them again. The motives and intention^ of the officials who made these decisions are to be attributed to the Company, and riot those of ship’s officers who had nothing to do with the decisions. The Company’s officials took charge of the situation and such authority as the ship’s officers might ordinarily have had to act and speak for the Company in the matters at issue was superseded. The evidence does not show that the Company’s officials were guilty of an unfair labor practice, but shows that they acted fairly and in good faith, and with due regard for their duty to the public and to their contracts with their employees.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9643449. Public record. Not legal advice.