Continental Oil Co. v. National Labor Relations Board
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.'.
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Cited by 5 cases
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- Local Union No. 1229, International Brotherhood of Electrical Workers v. National Labor Relations Board
- Abrams v. Carrier Corp.
- National Labor Relations Board v. Keystone Freight Lines
- Harbor Carriers of Port of New York v. National Labor Relations Board
- Harbor Carriers of the Port of New York and Its Members v. National Labor Relations Board, Gallagher Bros. Sand & Gravel Corp., Bilkay Holding Corp., Hampton Scows,inc., Neptune Line, Inc., and Rockville Scows, Inc. v
Most recent
- Abrams v. Carrier Corp.
- Harbor Carriers of the Port of New York and Its Members v. National Labor Relations Board, Gallagher Bros. Sand & Gravel Corp., Bilkay Holding Corp., Hampton Scows,inc., Neptune Line, Inc., and Rockville Scows, Inc. v
- Harbor Carriers of Port of New York v. National Labor Relations Board
- Local Union No. 1229, International Brotherhood of Electrical Workers v. National Labor Relations Board
- National Labor Relations Board v. Keystone Freight Lines
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