McLeod v. General Electric Company, No. 476

CourtU.S. Court of Appeals — Second Circuit
Writing for the CourtLUMBARD, , and MOORE and KAUFMAN, Circuit
Citation366 F.2d 847
PartiesIvan C. McLEOD, Regional Director of the Second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellee, and International Union of Electrical, Radio and Machine Workers, AFL-CIO, Intervenor, v. GENERAL ELECTRIC COMPANY, Respondent-Appellant.
Decision Date08 September 1966
Docket NumberDocket 30752.,No. 476

366 F.2d 847 (1966)

Ivan C. McLEOD, Regional Director of the Second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellee, and
International Union of Electrical, Radio and Machine Workers, AFL-CIO, Intervenor,
v.
GENERAL ELECTRIC COMPANY, Respondent-Appellant.

No. 476, Docket 30752.

United States Court of Appeals Second Circuit.

Argued September 7, 1966.

Decided September 8, 1966.


366 F.2d 848

David L. Benetar, New York City, (Thomas F. Hilbert, Jr., Herbert D. Schwartzman, Richard P. Lawlor, New York City, on the brief), for respondent-appellant.

Julius G. Serot, Asst. Gen. Counsel (Arnold Ordman, Gen. Counsel; Dominick L. Manoli, Associate Gen. Counsel, on the brief), for petitioner-appellee.

Ruth Weyand, Washington, D. C. (Irving Abramson, New York City, on the brief), for intervenor.

Gerard D. Reilly, Winthrop A. Johns, Lawrence T. Zimmerman, Washington, D. C., for Chamber of Commerce of United States and National Ass'n of Manufacturers of United States, amici curiae.

James W. Hunt, Washington, D. C., for Chamber of Commerce of United States, amicus curiae.

Lambert H. Miller, Washington, D. C., for the National Ass'n of Manufacturers of United States of America, amicus curiae.

Before LUMBARD, Chief Judge, and MOORE and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

The General Electric Company (GE) appeals from Judge Frankel's order granting a preliminary injunction under section 10(j) of the National Labor Relations Act, 29 U.S.C. § 160(j). The basic facts in the case are not in dispute and are set out in detail in the District Judge's opinion. 257 F.Supp. 690 (1966). Briefly, the General Electric Company has for years conducted separate collective bargaining negotiations with the over eighty labor unions representing its employees. For the most part these negotiations have been held at the local plant level, although nationwide bargaining has been conducted with three unions of

366 F.2d 849
which the International Union of Electrical, Radio and Machine Workers, AFL-CIO (IUE) is the largest. In the past IUE has elected a General Electric Conference Board, which in turn elected a Negotiating Committee to bargain with GE. In 1965 the AFL-CIO formed a Committee on Collective Bargaining consisting of several unions whch bargain with GE. The Committee's avowed purpose was to evolve a set of national goals and to adopt a "coordinated approach" to the 1966 round of collective bargaining negotiations. A Steering Committee of the Committee on Collective Bargaining was formed, and beginning in November 1965 it attempted to meet with the company to discuss various contract issues. The company consistently refused to meet with or recognize the Steering Committee. In April the IUE Negotiating Committee in a letter to GE stated that it would no longer pursue its request for joint negotiations, and suggested a meeting with the company to discuss preliminary matters concerning the negotiation of a new agreement to replace the one due to expire in October 1966. GE agreed to meet on May 4. The meeting, however, was short-lived. When GE discovered that seven men on the Negotiating Committee were affiliated with other unions represented on the Steering Committee it...

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60 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
    ...arising out of the 1966 negotiations. 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......
  • Donohue v. Mangano, No. 12–CV–2568 (ADS)(GRB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 20, 2012
    ...or to persuade them to abandon collective bargaining altogether.” (internal quotation and citation omitted)); McLeod v. Gen. Electric Co., 366 F.2d 847, 850 (1966) (“the district court has the power to order immediate bargaining to prevent irreparable harm to the union's position in the pla......
  • 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
    ...F.2d 265 (8th Cir. 1967); Danielson v. Joint Board of Coat, Suit and Allied Garment 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 Injunc......
  • 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
    ...10(j).... This section in no way changed the extraordinary 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 ......
  • Request a trial to view additional results
60 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
    ...arising out of the 1966 negotiations. 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......
  • Donohue v. Mangano, No. 12–CV–2568 (ADS)(GRB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • August 20, 2012
    ...or to persuade them to abandon collective bargaining altogether.” (internal quotation and citation omitted)); McLeod v. Gen. Electric Co., 366 F.2d 847, 850 (1966) (“the district court has the power to order immediate bargaining to prevent irreparable harm to the union's position in the pla......
  • 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
    ...F.2d 265 (8th Cir. 1967); Danielson v. Joint Board of Coat, Suit and Allied Garment 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 Injunc......
  • 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
    ...10(j).... This section in no way changed the extraordinary 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 ......
  • Request a trial to view additional results

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