Shell Oil Company v. National Labor Relations Board

461 F.2d 1264, 80 L.R.R.M. (BNA) 3015, 1972 U.S. App. LEXIS 8750

Opinion

PER CURIAM:

The Board’s Decision and Order is reported at 186 NLRB No. 134. Believing that the Order is supported by substantial evidence, we have concluded that the arguments advanced in the respondent’s Petition for Review should be rejected.

The Board’s cross-petition for the enforcement of its Order is granted. 1

1 . We have rejected the respondent’s suggestion that we withhold the disposition of this cause pending the Supreme Court’s final decision in respect to our court’s opinion in N.L.R.B. v. International Van Lines, 448 F.2d 905 (9th Cir. 1971), cert. granted, 405 U.S. 953, 92 S.Ct. 1177, 31 L.Ed.2d 230 (1972). The cases are clearly distinguishable. One obvious distinction is that in International Van Lines, the replacements were required for the employer to continue operations. In the present case, however, there is substantial evidence to support the finding that there was no similar bona fide replacement of the discharged employee.