Supreme Court of the United States, 1941

Continental Oil Co. v. National Labor Relations Board

Supreme Court of the United States · Decided April 28, 1941 · Frankfurter, Roberts, Chief-, Dodge, Black, Douglas

313 U.S. 212; 61 S. Ct. 861; 85 L. Ed. 1292; 1941 U.S. LEXIS 1199; 8 L.R.R.M. (BNA) 438 (United States Reports)

Counsel

Mr. John P. Akolt, with whom Messrs. James J. Cos-grove, Elmer L. Brock, E. R. Campbell, and Milton Smith were on the brief, for petitioner., Mr. Thomas E. Harris, with whom Solicitor General Biddle and Messrs. Robert B. Watts, Laurence A. Knapp, Mortimer B. Wolf, and Morris P. Glushien were on the brief, for responden!

Cases that cite this one

6 later published cases cite this decision. The 5 that cite it most often are listed here.

Abrams v. Carrier Corporation (2d Cir. 1970)
Abrams v. Carrier Corp. (2d Cir. 1970)
Harbor Carriers of Port of New York v. National Labor Relations Board (2d Cir. 1962)
Local Union No. 1229, International Brotherhood of Electrical Workers v. National Labor Relations Board (D.C. Cir. 1953)
National Labor Relations Board v. Keystone Freight Lines (10th Cir. 1941)

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

MR. Justice Frankfurter

delivered the opinion of the Court.

In its petition the Continental Oil Company challenged various provisions of an order of the Labor Board which the Circuit Court of Appeals had enforced, but we brought here only so much of the case as pertained to the reinstatement of two men, Jones and( Moore, 311 U. S. 637. Continental’s contention is that reinstatement was precluded because neither man remained an “employee” within § 2 (3) of the National Labor Relations Act. The decisive question, however, as we have ruled in the Phelps Dodge case, ante, p. 177, is whether, reinstatement will “effectuate the policies” of the Act. We therefore remand the case , for an exercise by the Board of its judgment on thát issue, in light of our opinion in the Phelps Dodge case. Remanded

Mr. Justice Roberts took no part in the consideration or disposition of this case. The Chief- Justice and Mr. Justice Stone reiterate the views expressed by them in the Phelps Dodge case. Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Murphy are of opinion that the Board’s order should be affirmed for the reasons set forth by them in the Phelps Dodge case.'.

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