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U.S. Court of Appeals for the Ninth Circuit, 1961

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

National Labor Relations Board v. Orfeo Kostrencich, Fishermen's Union, Local 33, Ilwu, Intervenor
U.S. Court of Appeals for the Ninth Circuit · Decided November 13, 1961 · Stephens, Chambers, Hamlin
296 F.2d 561; 49 L.R.R.M. (BNA) 2133; 1961 U.S. App. LEXIS 3216 (Federal Reporter, Second Series)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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