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

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)

Counsel

Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Frederick U. Reel, and Warren M. Davison, Attys. for N. L. R. B., Washington, D. C., for petitioner., No brief filed on behalf of respondents., Margolis & McTernan, Los Angeles, Cal., for intervenor.

Cases that cite this one

1 later published case cites this decision.

National Labor Relations Board v. Metalab-Labcraft, Division of Metalab Equipment Company (4th Cir. 1966)

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

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.