National Labor Relations Board v. Bank of America Nat. Trust & Savings Ass'n
This text of 147 F.2d 287 (National Labor Relations Board v. Bank of America Nat. Trust & Savings Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This matter is before us on a petition of the National Labor Relations Board to adjudge the respondent in contempt of a provision of our enforcement decree relating to the reinstatement of an employee named Washer. NLRB v. Bank of America, 9 Cir., 130 F.2d 624. The employee was reinstated but was subsequently discharged for the ostensible reason that he was actively prosecuting a libel suit against the respondent, filed after the entry of the Board’s order and prior to our own decision.
The respondent has answered the petition and the Board has filed a reply. In these pleadings certain controversial [288]*288matters are developed but the controversies are primarily, if not entirely, concerned with inferences to be drawn from facts themselves not substantially in dispute. Acr cordingly, the matter may appropriately be disposed of on the pleadings.
On the whole showing we are not persuaded that respondent has acted otherwise than in good faith, or that its conduct in discharging the named employee was in contempt of the letter or spirit of our decree.
The petition is accordingly dismissed.
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Cite This Page — Counsel Stack
147 F.2d 287, 15 L.R.R.M. (BNA) 941, 1945 U.S. App. LEXIS 3120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-bank-of-america-nat-trust-savings-ca9-1945.