Oil, Chemical and Atomic Workers International Union, Afl-Cio v. National Labor Relations Board, Kansas Refined Helium Co., Intervenor

McGOWAN, Circuit Judge:

This appeal presents yet another controversy in the seemingly endless litigation stemming from unfair labor practices committed in 1966 at the Kansas Refined Helium Company (KRH) plant in Otis, Kansas, of which George A. Angle is sole proprietor. Specifically at issue is whether, under the circumstances of this case, the refusal of three of the six illegally discharged employees to accept Angle’s temporary offer of reinstatement, made pursuant to a court order, constitutes a willful loss of earnings.

I

In response to a union organizing effort in 1966 at the KRH plant,…