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NATIONAL LABOR RELATIONS BD. v. COLUMBUS IRON WKS. CO.

No. 15078.

217 F.2d 208 (1954)

NATIONAL LABOR RELATIONS BOARD v. COLUMBUS IRON WORKS COMPANY.

United States Court of Appeals Fifth Circuit.

December 9, 1954.

Attorney(s) appearing for the Case

Melvin Pollack, Atty., National Labor Relations Board, A. Norman Somers, Marcel Mallet-Prevost, Asst. Gen. Counsel, David P. Findling, Associate Gen. Counsel, George J. Bott, Gen. Counsel, Frederick U. Reel, Atty., National Labor Relations Board, Washington, D. C., for petitioner.

W. Edward Swinson, Swinson, Elliott & Schloth, Columbus, Ga., for respondent.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

The National Labor Relations Board seeks enforcement of its order finding the respondent, Columbus Iron Works Company, guilty of unfair labor practices in refusing employment to a former supervisor as a production worker. The board held that Henry Day was a foreman; that he was laid off because of lack of work; and that, when work was resumed, his position was abolished because of technological changes.

The alleged refusal to employ...

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