National Labor Relations Board v. Orfeo Kostrencich, Fishermen's Union, Local 33, Ilwu, Intervenor
U.S. Court of Appeals for the Ninth Circuit
National Labor Relations Board v. Orfeo Kostrencich, Fishermen's Union, Local 33, Ilwu, Intervenor, 296 F.2d 561 (9th Cir. 1961)
49 L.R.R.M. (BNA) 2133; 1961 U.S. App. LEXIS 3216
National Labor Relations Board v. Orfeo Kostrencich, Fishermen's Union, Local 33, Ilwu, Intervenor
Opinion
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.
Reference
- Full Case Name
- NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Orfeo KOSTRENCICH, Et Al., Respondents. Fishermen’s Union, Local 33, ILWU, Intervenor
- Cited By
- 1 case
- Status
- Published