Continental Oil Co. v. Labor Board, 313 U.S. 212 (1941)

U.S. Supreme Court

Continental Oil Co. v. Labor Board, 313 U.S. 212 (1941) Continental Oil Co. v. National Labor Relations Board

No. 413

Argued March 11, 1941

Decided April 28, 1941

313 U.S. 212

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

Decided upon the authority of No. 387, Phelps Dodge Corp. v. National Labor Relations Board, ante p. 313 U. S. 177. P. 313 U. S. 214.

113 F.2d 473 modified and remanded.

Certiorari, 311 U.S. 637, to review in part a judgment sustaining in part an order of the National Labor Relations Board, 12 N.L.R.B. 789.

Page 313 U. S. 214

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. 313 U. S. 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 that 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.