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

Ninth Circuit

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 of Appeals for the Ninth Circuit·Decided November 13, 1961·No. 17242_1·Published·Cited by 1 cases

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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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.

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 (9th Cir. 1961).

Pincite

296 F.2d 561 (National Labor Relations Board v. Orfeo Kostrencich, Fishermen's Union, Local 33, Ilwu, Intervenor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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