Leod Nlrb v. General Electric Co International Union, Electrical Radio and Machine Workers v. General Electric Co
| Decision Date | 16 January 1967 |
| Docket Number | 774,AFL-CIO,Nos. 645,s. 645 |
| Citation | 17 L.Ed.2d 588,385 U.S. 533,87 S.Ct. 637 |
| Parties | Ivan 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 |
| Court | U.S. Supreme Court |
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.
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). The District Court applied a dual test: (1) whether 'the impact upon the public interest is grave enough to justify swifter corrective action than the normal process of Board adjudication and court enforcement,' 257 F.Supp. 690, 708, and (2) ...
To continue reading
Request your trial
-
NLRB v. General Electric Company
...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. NLRB, 412 F.2d 512 (2d Cir., June 9, II. THE BARGAINING BACKGROUND General Electric, a N......
-
Squillacote v. Local 248, Meat and Allied Food Workers
...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 difficult, if n......
-
National Association of Letter Carriers v. Sombrotto
...national agreement on the request for a preliminary injunction. In support of such action, he cites McLeod v. General Elec. Co., 385 U.S. 533, 87 S.Ct. 637, 17 L.Ed.2d 588 (1967). There the district court had issued a temporary injunction under section 10(j) of the National Labor Relations ......
-
Concerned Citizens of Vicksburg v. Sills
...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......