Nathanson v. National Labor Relations Board
Decision Date | 11 February 1952 |
Docket Number | No. 4614.,4614. |
Citation | 194 F.2d 248 |
Parties | NATHANSON v. NATIONAL LABOR RELATIONS BOARD. |
Court | U.S. Court of Appeals — First Circuit |
Louis K. Nathanson, Boston, Mass., pro se.
Owsley Vose, Washington, D. C. (George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, and Harvey B. Diamond, Attorney, all of Washington, D. C., on brief), for appellee.
Before CLARK, WOODBURY and HARTIGAN, Circuit Judges.
This is an appeal by the Trustee in Bankruptcy of MacKenzie Coach Lines, Inc. from an order of the United States District Court for the District of Massachusetts, dated September 28, 1951, setting aside the bankruptcy referee's disallowance of the amended claim of the National Labor Relations Board. The referee was also ordered to permit the matter to stand in abeyance for 2 months to permit the Board, in accordance with the National Labor Relations Act, to fix the precise amount now owing from the bankrupt to the Board and to file with the referee an amendment to its claim showing such amount.
The opinion of the District Court is reported in 100 F.Supp. 489, 490, and recites in part that:
The trustee's statement of points is as follows:
We believe that the District Court was right in ruling that the Board * * *"
The decree of this court on December 7, 1948 affirmed and enforced the Board's order of February 4, 1948. The Board's order, among other things, required the respondents in the enforcement proceedings, Hill Transportation Company and MacKenzie Coach Lines, Inc., to take affirmative action in making whole in the manner set forth in "the remedy" certain persons whose names appeared in an appendix to the order "for any loss they may have suffered by reason of the respondents' discrimination against them."
In National Labor Relations Board v. Draper Corp., 1 Cir., 159 F.2d 294, 298, this court said: "If, after the entry of an enforcement decree imposing an obligation expressed in terms of a general formula, a bona fide dispute should arise as to the precise obligation of the respondent when the formula comes to be applied to a particular set of facts, there would in such a case be no danger that the respondent would be adjudged in criminal contempt until, after appropriate procedure, the respondent's obligation is determined with the requisite precision and ultimately embodied in a supplemental decree of the enforcement court. * * *" In a footnote to the opinion in National Labor Relations Board v. Bird Mach. Co., 1 Cir., 174 F.2d 404, this court noted the possibility of a supplemental order which would require a petition to this court for enforcement. It is then that the question of the precise amount and extent of the obligation can be passed upon by this court.
Therefore, without laboring the point further, as to the extent of the bankrupt's liability at this time, we pass to the other questions presented.
We are satisfied that the district court was correct in ruling that the Board's order is a judgment under § 63, sub. a(1) of the Bankruptcy Act, 11 U.S.C.A. § 103 sub. a(1), with the reservation however, as indicated above, that it is merely interlocutory as to the extent of the obligation on the back pay issue. See Haynes Stellite Co. v. Chesterfield, 6 Cir., 97 F.2d 985; Bird Mach. Co. case, supra.
The questions remaining now are: (1) can the bankruptcy court liquidate such a claim, and (2) what priority is such a claim entitled to, if any.
In its brief the Board states That section provides in part for the allowance of unliquidated claims within the time directed by the court and the disallowance of such a claim if it is not capable of liquidation or that liquidation would unduly delay the administration of the estate. The Board argues quite persuasively that it is not guilty of laches in not yet having liquidated its claim in view of the trustee's position that the beneficiaries of the back pay order were not employees of the bankrupt and because of the important legal question as to what agency (Bankruptcy Court or the Board) should liquidate the claim. The determination by the district court appears to us to be reasonable in allowing the Board 2 months to fix the amount of the liability. This ruling has not been demonstrated to us to be inconsistent with the Bankruptcy Act. Rather the ruling appears to give effect to the intent of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. The Supreme Court said in International Association of Machinists v....
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In re American Buslines
...intercept or control the Board's exercise of its jurisdiction to administer the Act in a number of particulars. Nathanson v. National Labor Relations Board, 1 Cir., 194 F.2d 248 (see also Nathanson v. National Labor Relations Board, 344 U.S. 25, 73 S.Ct. 80, 97 L.Ed. 23, reversing the court......
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Nathanson v. National Labor Relations Board
...pay which was disallowed by the referee. The District Court set aside the disallowance. 100 F.Supp. 489. The Court of Appeals affirmed, 194 F.2d 248, holding that the Board's order is a provable claim in bankruptcy, that the Board can liquidate the claim, and that it is entitled to priority......