National Labor Relations Board v. Gunaca, 11641.

Citation230 F.2d 542
Decision Date30 March 1956
Docket NumberNo. 11641.,11641.
PartiesNATIONAL LABOR RELATIONS BOARD, on the Relation of Kohler Co., Applicant-Appellee, v. John GUNACA, Respondent-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)

D. Charles Marston, Detroit, Mich., Max Raskin, Milwaukee, Wis., Rothe, Marston, Mazey, Sachs & O'Connell, Detroit, Mich., for appellant.

David P. Findling, Associate Gen. Counsel, N. L. R. B., Norton J. Come, Atty., N. L. R. B., Washington, D. C., John P. von Rohr, N. L. R. B., Chicago, Ill., Jerome Powell, Washington, D. C., Matthew E. Murray, Chicago, Ill., Lyman C. Conger, Kohler, Wis., Theophil C. Kammholz, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Irving M. Herman, Atty., N. L. R. B., William F. Howe, Washington, D. C., Gall, Lane & Howe, Washington, D. C., of counsel, for appellee.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.

MAJOR, Circuit Judge.

This proceeding was instituted in the United States District Court for the Eastern District of Wisconsin by the National Labor Relations Board at the request of Kohler Co., to enforce a subpoena ad testificandum previously issued to the respondent Gunaca by a trial examiner of the Board. From an order of the District Court allowing enforcement of the subpoena, the appeal comes to this court. The order under attack was entered by District Judge K. P. Grubb, following the rendition of a well reasoned opinion. National Labor Relations Board, on Relation of Kohler Co. v. Gunaca, 135 F.Supp. 790.

The issues urged as reasons for reversal are substantially the same as those presented and considered in the court below. The opinion of Judge Grubb contains an adequate statement of the facts, the issues and the court's reasoning in response thereto. After a careful study of his opinion, we are satisfied that his reasoning is sound and that the correct result was reached. This being the situation, no good purpose could be served in a discussion by us of the same issues. We, therefore, adopt the opinion of the District Court, supplemented by a brief discussion relative to the issue of venue and jurisdiction over the person of respondent.

This supplementation appears to be in order by reason of respondent's strong reliance upon Robertson v. Railroad Labor Board, 268 U.S. 619, 45 S.Ct. 621, 69 L.Ed. 1119, which respondent contends requires a reversal. The Robertson case was not mentioned in the District Court and, insofar as the record discloses, has been cited and relied upon for the first time in this court. It is true there is similarity between the facts of Robertson and those here but that is as far as the similarity extends. In that case the Railroad Labor Board invoked the aid of a District Court in the Northern District of Illinois to obtain by subpoena the presence in that court of respondent, a resident and inhabitant of the Northern District of Ohio. The question for decision was whether the District Court acquired jurisdiction over the respondent. Admittedly, Congress had not conferred express jurisdiction, but...

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4 cases
  • International Union (UAW) v. NLRB
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 25 Gennaio 1972
    ... ... NATIONAL LABOR RELATIONS BOARD, Respondent ... No ... Cf. NLRB ex rel. Kohler Co. v. Gunaca, E.D.Wis., 135 459 F.2d 1344 F.Supp. 790, ... ...
  • Lewis v. National Labor Relations Board
    • United States
    • U.S. Supreme Court
    • 9 Giugno 1958
    ...Co. v. National Labor Relations Board, 5 Cir., 204 F.2d 842; National Labor Relations Board v. Gunaca, D.C., 135 F.Supp. 790, affirmed 7 Cir., 230 F.2d 542. 9 Section 3(d) reads as follows: 'There shall be a General Counsel of the Board who shall be appointed by the President, by and with t......
  • National Labor Relations Board v. Duval Jewelry Company of Miami
    • United States
    • U.S. Supreme Court
    • 9 Giugno 1958
    ...Board v. Lewis, 9 Cir., 249 F.2d 832, 833, 836—837; National Labor Relations Board v. Gunaca, D.C., 135 F.Supp. 790, affirmed 7 Cir., 230 F.2d 542. There is a degree of delegation of authority in connection with a motion to revoke a subpoena duces tecum. The Board's Rules and Regulations pr......
  • National Labor Relations Board v. Lewis
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 29 Ottobre 1957
    ...premature even if initially reviewed by a trial examiner.2 The Seventh Circuit takes a different view. In National Labor Relations Board v. Gunaca, 7 Cir., 230 F.2d 542, it affirmed, on the opinion below, N.L.R.B. v. Gunaca, D.C., 135 F.Supp. 790, a decision upholding the right of a trial e......

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