Felix Frankfurter,
Continental Oil Company v. National Labor Relations Board…
“ Continental's contention is that reinstatement was precluded because neither man remained an 'employee' within § 2 (3) of the National Labor Relations Act, 29 U.S.C.A. § 152 (3) . The decisive question, however, as we have ruled in the Phelps Dodge case, Phelps Dodge Corp. v. N.L.R.B., 313 U.S. 177, 61 S.Ct. 845, 85 L.Ed. --, decided this day, is whether reinstatement will 'effectuate the policies' of the Act. We therefore remand the case for an exercise by the Board of its judgment on that issue, in light of our opinion in the Phelps Dodge case. ”
