National Labor Relations Board v. Bachelder, 7514.
| Decision Date | 04 February 1942 |
| Docket Number | No. 7514.,7514. |
| Citation | 125 F.2d 387 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. BACHELDER. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Robert B. Watts, NLRB, of Washington, D. C., and I. S. Dorfman, NLRB, of Chicago, Ill., for petitioner.
W. C. Bachelder and Harold K. Bachelder, both of Indianapolis, Ind., for respondent.
Before EVANS, SPARKS, and KERNER, Circuit Judges.
The respondent, W. C. Bachelder, Receiver for Hoosier Veneer Company, was ordered by the National Labor Relations Board to cease and desist from unfair labor practices; to offer to reinstate twelve employees found to have been discriminatorily discharged, and to pay them back pay for the period from the time of discharge to the date of the offer of reinstatement, less earnings during such period; and to pay to two other employees a sum of money equal to that which they would normally have earned during a certain period mentioned in the order.
The Board filed its petition to enforce the order. Respondent resisted, asserting that the Board lacked jurisdiction, that the findings were not supported by substantial evidence, and that the order was invalid. This court modified the order and as modified decreed enforcement, 120 F.2d 574, certiorari denied, 314 U.S. ___, 62 S.Ct. 90, 86 L.Ed. ___.
The decree directed that W. C. Bachelder, Receiver for Hoosier Veneer Company, his agents, successors, and assigns, including Hoosier Veneer Company in the event the receivership is discharged, shall cease and desist from the unfair labor practices and that he take the affirmative action mentioned in the decree. On October 22, 1941, the respondent filed his petition to modify the decree (1) by striking out the words "successors, and assigns, including Hoosier Veneer Company in the event the receivership is discharged"; (2) by striking out all direction for re-employment and back pay; (3) by striking out the words "dismissing if necessary all employees hired since October 11, 1937"; (4) by striking out the names of seven of the employees found to have been discriminatorily discharged because they had been re-employed by respondent prior to the entry of the decree herein; (5) by striking the name of Toler, because his physical and mental condition renders him unfit for work; (6) by striking the names of Holyfield and Short, because their services are unnecessary; and (7) by striking out the name of Maynard because he refused re-employment.
The reason assigned for striking the words "successors, and assigns, including Hoosier Veneer Company in the event the receivership is discharged," is that the decree as now entered, operates as an injunction against one not subject to any enforcement...
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