Cupples Co. Manufacturers v. National Labor Relations Board

On Petition for Rehearing.

SANBORN, Circuit Judge.

The respondent in its petition for a rehearing of this case points out that its order not only required the Cupples Company to disestablish the Mutual Relations Association as a bargaining agency, to withdraw all recognition of the Association as such, and to give no effect to the contract entered into by the Association with the Company, but also required the Company to desist from the unfair labor practice of making discriminatory discharges of its employees. The Board then points out that that portion of its cease and desist order dealing with discriminatory discharges was based upon its finding that such discharges had occurred; and that this Court sustained the Board’s finding in that regard, but directed that the entire cease and desist order be set aside.

It was not our intention to disturb the order of the Board further than was absolutely necessary to make it conform to our determination of the questions argued. The writer of the opinion overlooked the fact that the cease and desist order dealt with discriminatory discharges. It is obvious *119that so much of that order as was based upon the Board’s finding that the Company had been guilty of discrimination in discharging certain of its employees is valid under our decision. The opinion is modified accordingly.

The petition for a rehearing is denied.