National Labor Relations Board v. Miranda Fuel Co.

MEDINA, Circuit Judge.

This case was first before us in 1960, N. L. R. B. v. Miranda Fuel Co., 284 F.2d 861. We granted enforcement but not on the theory advanced by the Board, as will be more fully explained below. After the Union applied to the Supreme Court for certiorari that Court decided Local 357, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. N. L. R. B., 1961, 365 U.S. 667, 81 S.Ct. 835, 6 L.Ed. 2d 11. The Board thereupon requested that the proceedings theretofore had in Miranda be vacated and the case remanded to the Board. This was done,…