International Union of Electrical R. & M. Wkrs. v. NLRB, No. 19072.

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtBAZELON, , and FAHY and DANAHER, Circuit
Citation120 US App. DC 45,343 F.2d 327
Docket NumberNo. 19072.
Decision Date11 February 1965
PartiesINTERNATIONAL UNION OF ELECTRICAL RADIO AND MACHINE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

120 US App. DC 45, 343 F.2d 327 (1965)

INTERNATIONAL UNION OF ELECTRICAL RADIO AND MACHINE WORKERS, AFL-CIO, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 19072.

United States Court of Appeals District of Columbia Circuit.

Argued January 28, 1965.

Decided February 11, 1965.


343 F.2d 328

Mr. Benjamin C. Sigal, Washington, D. C., with whom Messrs. David S. Davidson and Winn I. Newman and Miss Marilyn G. Rose, Washington, D. C., were on the pleadings, for petitioner.

Mr. Melvin J. Welles, Attorney, National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the pleadings, for respondent.

Before BAZELON, Chief Judge, and FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

The Union petitions for writ of mandamus to require the National Labor Relations Board to file with this court the record of proceedings before the Board which eventuated in an order on December 16, 1964. On that date the Union as an aggrieved party petitioned this court to review the order by filing its petition to that end in the office of our Clerk at or about 10:30 a. m. The General Electric Company, also as an aggrieved party, respondent in the Board proceedings, on the same date and at or about the same time, filed a petition with the United States Court of Appeals for the Seventh Circuit for review by that court of the same order.

The Labor Management Relations Act, 1947, under which the order was entered, provides in Section 10(f) that any person aggrieved by a final order of the character here involved, may obtain a review of it in this court or in a United States Court of Appeals in the circuit where the unfair labor practice in question was alleged to have been engaged in or wherein such person resides or transacts business. 61 Stat. 148 (1947), 29 U.S.C. § 160(f) (1958). The General Electric Company, found by the Board in the order to have engaged in unfair labor practices does business in the Seventh Circuit. Accordingly both that circuit and this court were available for petitions to review the order. Where, as here, the Union petitions one available court of appeals and the employer another, 28 U.S.C. § 2112(a) (1958) provides that the Board shall file the record with that court in which the first petition is filed;1 and the filing of the record completes the vesting of jurisdiction...

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9 practice notes
  • NLRB v. General Electric Company, No. 337
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 28, 1969
    ...of occurred, would be the logical place to begin. The District of Columbia and Seventh Circuits agreed. IUE v. NLRB, 120 U.S.App.D.C. 45, 343 F.2d 327 (1965); GE v. NLRB, 58 LRRM 2694 (7th Cir. 1965). Another year was required to determine that the Union's proper status in the action was th......
  • ITT World Communications, Inc. v. F. C. C.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • May 7, 1980
    ...two simultaneously filed petitions would control appellate jurisdiction. Cf. International Union of Electrical, R. & M. Workers v. NLRB, 343 F.2d 327 (D.C.Cir. 1965) (accepting determination of NLRB that petitions were filed simultaneously, and assigning jurisdiction on basis of NLRB's stat......
  • Insurance Workers International Union v. NLRB, No. 19555
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • February 28, 1966
    ...STAT. 147, 148, 29 U.S.C. § 160(e) (1964). 15 Cf. International Union of Electrical R. & M. Wkrs., etc. v. N.L.R.B., 120 U.S. App.D.C. 45, 343 F.2d 327 (1965). In City of Chicago v. Federal Power Commission, 123 U.S.App.D.C. ___, 360 F.2d 828 (1965), our Per Curiam opinion accompanying our ......
  • American Public Gas Ass'n v. Federal Power Commission, No. 76-2000
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 18, 1976
    ...effect to the overall congressional intent. Compare International Union of Electrical R. & M. Workers v. NLRB, 120 U.S.App.D.C. 45, 46-47, 343 F.2d 327, 328-329 (1965). There is no impediment to such an undertaking on our part, for the Fifth Circuit has agreed to a procedure whereby this co......
  • Request a trial to view additional results
9 cases
  • NLRB v. General Electric Company, No. 337
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 28, 1969
    ...of occurred, would be the logical place to begin. The District of Columbia and Seventh Circuits agreed. IUE v. NLRB, 120 U.S.App.D.C. 45, 343 F.2d 327 (1965); GE v. NLRB, 58 LRRM 2694 (7th Cir. 1965). Another year was required to determine that the Union's proper status in the action was th......
  • ITT World Communications, Inc. v. F. C. C.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • May 7, 1980
    ...two simultaneously filed petitions would control appellate jurisdiction. Cf. International Union of Electrical, R. & M. Workers v. NLRB, 343 F.2d 327 (D.C.Cir. 1965) (accepting determination of NLRB that petitions were filed simultaneously, and assigning jurisdiction on basis of NLRB's stat......
  • Insurance Workers International Union v. NLRB, No. 19555
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • February 28, 1966
    ...STAT. 147, 148, 29 U.S.C. § 160(e) (1964). 15 Cf. International Union of Electrical R. & M. Wkrs., etc. v. N.L.R.B., 120 U.S. App.D.C. 45, 343 F.2d 327 (1965). In City of Chicago v. Federal Power Commission, 123 U.S.App.D.C. ___, 360 F.2d 828 (1965), our Per Curiam opinion accompanying our ......
  • American Public Gas Ass'n v. Federal Power Commission, No. 76-2000
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 18, 1976
    ...effect to the overall congressional intent. Compare International Union of Electrical R. & M. Workers v. NLRB, 120 U.S.App.D.C. 45, 46-47, 343 F.2d 327, 328-329 (1965). There is no impediment to such an undertaking on our part, for the Fifth Circuit has agreed to a procedure whereby this co......
  • Request a trial to view additional results

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