National Labor Relations Board v. Mike Trama
This text of 293 F.2d 28 (National Labor Relations Board v. Mike Trama) 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
The position of two unions competing for the allegiance of the fishermen of this single boat operator, Trama, forced the jaws of a vice on him in 1957. Pleading for help and just trying to live, he sought the help of the board. The board declined jurisdiction.
In 1957, he made a choice. In 1959 the board decided it had jurisdiction to pursue him for the wrong choice. Now it would have us enforce an order to desist from the unfair labor practices found and to make certain restitution to six dischai’ged employees.
The boax-d did excuse Trama from the back pay provisions from March 21, 1958, to February 27, 1959, the period during which the board’s then current policies precluded exercise of its jurisdiction. It determined in its discretion that it would best effect the policies of the act to suspend respondent’s back pay obligation for the period in question.
When the board to a large extent created Trama’s problem, we think its reasoning requires that all back pay be suspended.
The proposed order of the board will be enforced except as to back pay.
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Cite This Page — Counsel Stack
293 F.2d 28, 48 L.R.R.M. (BNA) 2764, 1961 U.S. App. LEXIS 3853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-mike-trama-ca9-1961.