U.S. Court of Appeals for the Ninth Circuit, 1945

National Labor Relations Board v. Bank of America Nat. Trust & Savings Ass'n

U.S. Court of Appeals for the Ninth Circuit · Decided January 24, 1945

147 F.2d 287; 15 L.R.R.M. (BNA) 941; 1945 U.S. App. LEXIS 3120 (Federal Reporter, Second Series)

Counsel

Alvin J. Rockwell, Gen. Counsel, and Malcolm F. Halliday, Associate Gen. Counsel, A. Norman Somers and L. N. D. Wells, Jr. Attys., National Labor Relations Board, all of Washington, D. C., and Maurice J. Nicoson, Regional Atty., NLRB, of Los Angeles, Cal., and John P. Jennings, Reg. Atty., NLRB, of San Francisco, Cal., for petitioner., Louis Ferrari, of San Francisco, Cal., Edmund Nelson, of Los Angeles, Cal., and G. D. Schilling, of San Francisco, Cal. (Herbert W. Erskine and Kenneth M. Johnson, both of San Francisco, Cal., of counsel), for respondent.

Cases that cite this one

1 later published case cites this decision.

West Texas Utilities Co., Inc. v. National Labor Relations Board (D.C. Cir. 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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 *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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