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313 US 212 Continental Oil Co v. National Labor Relations Board

313 U.S. 212

61 S.Ct. 861

85 L.Ed. 1292

CONTINENTAL OIL CO.
v.
NATIONAL LABOR RELATIONS BOARD.

No. 413.

Argued March 11, 1941,

Decided April 28, 1941.

Case remanded to the National Labor Relations Board.

Messrs. John P. Akolt, of Denver, Colo., James J. Cosgrove, of Ponca City, Okl., and Elmer L. Brock, of Denver, Colo., for petitioner.

[Argument of Counsel from page 213 intentionally omitted]

Mr. Thomas E. Harris, of Washington, D.C., for respondent.

Mr. Justice FRANKFURTER delivered the opinion of the Court.

1

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, 61 S.Ct. 72, 85 L.Ed. —-. Continental's contention is that reinstatement was precluded because neither man remained an 'employee' within § 2(3) of the National Labor Relations Act, 29 U.S.C.A. § 152(3). The decisive question, however, as we have ruled in the Phelps Dodge case, Phelps Dodge Corp. v. N.L.R.B., 313 U.S. 177, 61 S.Ct. 845, 85 L.Ed. —-, decided this day, 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. So ordered.

2

Remanded.

3

Mr. Justice ROBERTS took no part in the consideration or disposition of this case.

4

The CHIEF JUSTICE and Mr. Justice STONE reiterate the views expressed by them in the Phelps Dodge case.

5

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.