Haleston Drug Stores v. National Labor Relations Board, 12412.

Decision Date02 February 1950
Docket NumberNo. 12412.,12412.
Citation190 F.2d 1022
PartiesHALESTON DRUG STORES, Inc., v. NATIONAL LABOR RELATIONS BOARD et al.
CourtU.S. Court of Appeals — Ninth Circuit

Masters & Masters, Portland, Or., for petitioner.

Ida Klaus, Solicitor, N.L.R.B., Norton J. Come, Atty., N.L.R.B., Washington, D. C., for respondent.

Green, Landye & Richardson and Burl L. Green, all of Portland, Or., J. W. Brown, Cincinnati, Ohio, as amicus curiae.

Before BONE, ORR and POPE, Circuit Judges.

PER CURIAM.

Pursuant to section 10(f) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 160(f), Haleston Drug Stores, Inc. has filed in this court a petition for review seeking to set aside an order of the National Labor Relations Board which dismissed petitioner's complaint against certain labor unions. The unions which were named as defendants in petitioner's complaint below (together with another union with which they are all affiliated) move to intervene as defendants in this proceeding. Petitioner and respondent have waived objections to the proposed intervention.

No authority is cited in support of the motion and we have found none in the Act or elsewhere which permits intervention in this court. To the contrary see Aluminum Ore Co. v. N.L.R.B., 7 Cir., 131 F.2d 485, 147 A.L.R. 1; Stewart Die Casting Corp. v. N.L.R.B., 7 Cir., 132 F.2d 801.

The motion to intervene is denied without prejudice to the applicants to petition for leave to file briefs as amicus curiae.

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7 cases
  • International Union, United Automobile, Aerospace and Agricultural Implement Workers of America,283 v. Scofield International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 133, Uaw v. Fafnir Bearing Co
    • United States
    • U.S. Supreme Court
    • 7 Diciembre 1965
    ...Board, 267 F.2d 169 (C.A.1st Cir.), cert. denied, 361 U.S. 863, 80 S.Ct. 121, 4 L.Ed.2d 104; Haleston Drug Stores, Inc. v. National Labor Relations Board, 190 F.2d 1022 (C.A.9th Cir.). 5 There are, of course, cases in which the Court of Appeals will remand to the Board to take additional ev......
  • FAFNIR BEARING COMPANY v. NLRB
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 24 Diciembre 1964
    ...Ore Co. v. NLRB, 131 F.2d 485, 488 (7 Cir. 1942); Stewart Die Casting Corp. v. NLRB, 132 F.2d 801 (7 Cir. 1942); Haleston Drug Stores, Inc. v. NLRB, 190 F.2d 1022 (9 Cir. 1950), cert. denied, 342 U.S. 815, 72 S.Ct. 29, 96 L.Ed. 616 (1951); NLRB v. Retail Clerks International Ass'n, 243 F.2d......
  • NLRB v. Florida Citrus Canners Cooperative
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 27 Marzo 1961
    ...labor practice charge. The charging union has filed a motion for leave to intervene. The motion is denied. Haleston Drug Stores, Inc. v. N. L. R. B., 9 Cir., 1950, 190 F.2d 1022; Aluminum Ore Co. v. N. L. R. B., 7 Cir., 1942, 131 F.2d 485, 147 A.L.R. The petition for enforcement will be Den......
  • National Labor Rel. Bd. v. RETAIL CLERKS INTER. ASS'N
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 6 Agosto 1956
    ...Edison case was cited in the footnote, with additional cases. (Emphasis supplied.) 12 Cf. Haleston Drug Stores, Inc. v. National Labor Relations Board et al., 1950, 9 Cir., 190 F.2d 1022, "No authority is cited in support of the motion and we have found none in the Act or elsewhere which pe......
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