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NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Orfeo KOSTRENCICH, et al., Respondents. Fishermens Union, Local 33, ILWU, Intervenor

United States Court of Appeals for the Ninth Circuit1961-11-13No. No. 17242
296 F.2d 561

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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.