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N. L. R. B. v. R. C. CAN COMPANY

No. 20609.

328 F.2d 974 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. R. C. CAN COMPANY, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 5, 1964.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick Manoli, Associate Gen. Counsel, Melvin Pollack, Atty., Arnold Ordman, Gen. Counsel, Joseph C. Thackery, Atty., N. L. R. B., Washington, D. C., for petitioner.

Karl H. Mueller, Harold E. Mueller, Mueller & Mueller, Fort Worth, Tex., for respondent.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case presents problems arising out of a quickie strike participated in by only a few employees and over almost as soon as it started. The Board seeks enforcement of its Order determining that the strike was protected activity and that the failure of the Employer to reinstate the strikers to their prior and unfilled jobs violated § 8(a) (3) and (1) of the Act. 29 U.S.C.A. § 158(a) (3) and (1). The Order also calls for back...

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