Leod Nlrb v. General Electric Co International Union, Electrical Radio and Machine Workers v. General Electric Co, AFL-CIO

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation17 L.Ed.2d 588,385 U.S. 533,87 S.Ct. 637
Decision Date16 January 1967
Docket Number774,AFL-CIO,Nos. 645
PartiesIvan C. McLEOD, Regional Director of the Second Region, NLRB v. GENERAL ELECTRIC CO. et al. INTERNATIONAL UNION, ELECTRICAL, RADIO AND MACHINE WORKERS,v. GENERAL ELECTRIC CO. et al

385 U.S. 533
87 S.Ct. 637
17 L.Ed.2d 588
Ivan C. McLEOD, Regional Director of the Second Region, NLRB

v.

GENERAL ELECTRIC CO. et al. INTERNATIONAL UNION, ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO v. GENERAL ELECTRIC CO. et al.

Nos. 645, 774.
Jan. 16, 1967.

Solicitor General Marshall, Richard A. Posner, Arnold Ordman, Dominick L. Manoli and Norton J. Come, for Ivan C. McLeod.

Irving Abramson and Ruth Weyand, for International Union of Electrical, Radio & Machine Workers, AFL-CIO.

David L. Benetar, for General Electric Co.

Page 534

PER CURIAM.

The petitions for certiorari are granted. The judgment of the Court of Appeals for the Second Circuit is set aside with direction to that court to enter a new judgment consistent with this opinion.

The Regional Director of the Second Region of the National Labor Relations Board issued a complaint and notice of hearing upon a charge filed by the International Union of Electrical, Radio & Machine Workers, AFL-CIO (IUE). The charge alleged that General Electric Company violated §§ 8(a)(1) and (5) of the National Labor Relations Act, as amended, 61 Stat. 140, 29 U.S.C. §§ 158(a)(1) and (5), in refusing to bargain upon the renewal of an expiring collective bargaining agreement because of 'the inclusion among the persons designated by the Union to represent it * * * of persons who also represented other labor organizations which engaged in collective bargaining with' the company. Pursuant to § 10(j) of the Act the Regional Director also obtained a temporary injunction in the District Court for the Southern District of New York restraining the company from '(f)ailing or refusing to meet, confer and bargain collectively in good faith with * * * (IUE) by declining to meet with the selected representatives of * * * (IUE) because of the presence of any representatives of other unions whom IUE and its constituent locals have invited to attend for the purpose of participating in the discussion and advising or consulting with IUE and its constituent locals.' The Court of Appeals for the Second Circuit reversed. 366 F.2d 847. Mr. Justice Harlan, 87 S.Ct. 5, 17 L.Ed.2d 45, stayed the Court of Appeals' judgment pending action on the petition for writ of certiorari filed in No. 645.

The District Court and the Court of Appeals differed regarding the proper standard which should be determinative of the right to injunctive relief under § 10(j).

Page 535

The District Court applied a dual test: (1) whether...

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45 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
    ...McLeod for and on Behalf of NLRB v. General Electric Co., 257 F.Supp. 690 (S.D.N.Y.), rev'd 366 F.2d 847 (2d Cir. 1966), remanded 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967). See also General Electric Co. v. 418 F.2d 740 NLRB, 412 F.2d 512 (2d Cir., June 9, II. THE BARGAINING BACKGROU......
  • Squillacote v. Local 248, Meat and Allied Food Workers, AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 13, 1976
    ...Workers' Union, supra; McLeod v. General Electric Co., 366 F.2d 847 (2d Cir. 1966), decision set aside and remanded on other grounds, 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967); Note, Temporary Injunctions Under Section 10(j) of the Taft-Hartley Act, 44 N.Y.U.L.Rev. 181 (1969). It is......
  • Concerned Citizens of Vicksburg v. Sills, No. 75-4450
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 13, 1978
    ...to pass on the changed circumstances". Korn v. Franchard Corp., 456 F.2d 1206, 1208 (2d Cir. 1972). Cf. McLeod v. General Electric Co., 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967); Caldwell v. H.U.D., 522 F.2d 4, 6 (4th Cir. We remand this case not for a reconsideration of the Younger......
  • Miller for and on Behalf of N.L.R.B. v. California Pacific Medical Center, Nos. 92-15721
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 13, 1993
    ...nature of the injunctive remedy. McLeod ex rel. NLRB v. General Elec. Co., 366 F.2d 847, 849 (2nd Cir.1966), vacated on other grounds, 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967). Given this context, we won't construe section 10(j) as dispensing with the historical restraints of equit......
  • Request a trial to view additional results
45 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
    ...McLeod for and on Behalf of NLRB v. General Electric Co., 257 F.Supp. 690 (S.D.N.Y.), rev'd 366 F.2d 847 (2d Cir. 1966), remanded 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967). See also General Electric Co. v. 418 F.2d 740 NLRB, 412 F.2d 512 (2d Cir., June 9, II. THE BARGAINING BACKGROU......
  • Squillacote v. Local 248, Meat and Allied Food Workers, AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 13, 1976
    ...Workers' Union, supra; McLeod v. General Electric Co., 366 F.2d 847 (2d Cir. 1966), decision set aside and remanded on other grounds, 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967); Note, Temporary Injunctions Under Section 10(j) of the Taft-Hartley Act, 44 N.Y.U.L.Rev. 181 (1969). It is......
  • Concerned Citizens of Vicksburg v. Sills, No. 75-4450
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 13, 1978
    ...to pass on the changed circumstances". Korn v. Franchard Corp., 456 F.2d 1206, 1208 (2d Cir. 1972). Cf. McLeod v. General Electric Co., 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967); Caldwell v. H.U.D., 522 F.2d 4, 6 (4th Cir. We remand this case not for a reconsideration of the Younger......
  • Miller for and on Behalf of N.L.R.B. v. California Pacific Medical Center, Nos. 92-15721
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 13, 1993
    ...nature of the injunctive remedy. McLeod ex rel. NLRB v. General Elec. Co., 366 F.2d 847, 849 (2nd Cir.1966), vacated on other grounds, 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967). Given this context, we won't construe section 10(j) as dispensing with the historical restraints of equit......
  • Request a trial to view additional results

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