CONTINENTAL OIL CO.
v.
NATIONAL LABOR RELATIONS BOARD
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The Court held that the decisive question for reinstatement is whether it will "effectuate the policies" of the National Labor Relations Act, not solely whether the individuals remain "employees."
Continental Oil Company challenged a Labor Board order enforcing reinstatement of two men, Jones and Moore. Continental argued they were no longer "em…
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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.'.
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Abrams v. The Carrier Corp., United Steelworkers of Am., AFL-CIO, 434 F.2d 1234 (2d Cir. 1970)…or its change of affiliation.” See also National Labor Relations Board v. Hershey Chocolate Corporation, 297 F. 2d 286 (3d Cir. 1961); Continental Oil Co. v. National Labor Relations Board, 113 F. 2d 473 (10th Cir. 1940), remanded on other grounds, 313 U.S. 212, 61 S.Ct. 861, 85 L.Ed. 1292 (1941); Carpinteria Lemon Association v. National Labor Relations Board, 240 F. 2d 554 (9th Cir. 1956), cert. denied, 354 U.S. 909, 77 S.Ct. 1295, 1 L.Ed.2d 1427 (1957); East Ohio Gas Co., 140 NLRB 1269 (1963); North Ele…
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Nat'l Labor Relations Bd. v. Keystone Freight Lines, 126 F.2d 414 (10th Cir. 1941)…rged by reason of union activities and affiliations is remedial and designed to “effectuate the policies of [the] Act.” Phelps Dodge Corp. v. N.L.R.B., 313 U.S. 177, 61 S.Ct. 845, 849, 85 L.Ed. 1271, 133 A.L.R. 1217; Continental Oil Co. v. N.L.R.B., 313 U.S. 212, 61 S.Ct. 861, 85 L.Ed. 1292. When the findings of the Board are considered, against the background of manifest hostility of Keystone to Local 523 and its illegal interest in the activities of its employees in connection with Local 523, coupled wit…
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Local Union NO. 1229 v. Nat'l Labor Relations Bd., 202 F.2d 186 (D.C. Cir. 1952)…. 1233, 1250 et seq. (1951); and Davis, Administrative Law 908 (1951). . See National Labor Relations Board v. Virginia Power Co., 1941, 314 U.S. 469, 479-480, 62 S.Ct. 344, 86 L.Ed. 348; Continental Oil Co. v. National Labor Relations Board, 1941. 313 U.S. 212, 214, 61 S.Ct. 861, 85 L.Ed. 1292; Phelps Dodge Corp. v. National Labor Relations Board, 1941, 313 U.S. 177, 194-197, 200, 61 S.Ct. 845, 85 L.Ed. 1271.…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Metro. Cas. Ins. Co. v. Stevens, 311 U.S. 637 (U.S. 1940)
- Cont'l Oil Co. v. Nat'l Labor Relations Bd., 311 U.S. 637 (U.S. 1940)