RESPONDENT:National Labor Relations Board
LOCATION:First City Court of the City of New Orleans, Louisiana
DOCKET NO.: 72-702
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 414 US 168 (1973)
ARGUED: Oct 11, 1973
DECIDED: Dec 05, 1973
Morton Jackson – for petitioners
Norton J. Come – for respondent
Media for Golden State Bottling Company, Inc. v. National Labor Relations Board
Audio Transcription for Opinion Announcement – December 05, 1973 in Golden State Bottling Company, Inc. v. National Labor Relations Board
Warren E. Burger:
Thank you, Mr. Justice Stewart.
The judgment and opinion of the Court in 72-702, Golden State Bottling Co. against the Labor Board will be announced by Mr. Justice Brennan.
William J. Brennan, Jr.:
In this case, the National Labor Relations Board orders Golden State Bottling Company to reinstate with backpay an employee Golden State had discharged.
Pending Judicial review of the Board order, Golden State sold its business to All American Beverages.
There upon the Board conducted a supplemental proceeding and upon finding that All American after its purchase continued the business without interruption or substantial change in operations, held that All American having acquired the business with knowledge of the outstanding court order was also subject to an order directing the reinstatement of the discharged employee.
And therefore the Board entered in order to that affect and also an order that both firms were jointly and severely liable to pay the employee the backpay due.
The Court of Appeals for the Ninth Circuit agreed with the Board and enforced its order and we in turn agree with the Court of Appeals and affirm the judgment of the Court of Appeals.
Warren E. Burger:
Thank you, Mr. Justice Brennan.