National Labor Relations Board v. DUVAL JEWELRY COMPANY OF MIAMI, 16180.
| Decision Date | 18 August 1958 |
| Docket Number | No. 16180.,16180. |
| Parties | NATIONAL LABOR RELATIONS BOARD, Appellant, v. DUVAL JEWELRY COMPANY OF MIAMI, Inc., et al., Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Norton J. Come, Atty., N.L.R.B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Lloyd R. Fraker, Chief Law Officer, 10th Region, N.L.R.B., Atlanta, Ga., for appellant.
Theo Hamilton, Jacksonville, Fla., for appellees.
Before RIVES, TUTTLE and BROWN, Circuit Judges.
The district court, 141 F.Supp. 860, refused to enforce and, to the contrary, quashed five subpoenas duces tecum issued by the Board pursuant to Section 11(1) of the National Labor Relations Act, 29 U.S.C.A. § 161, on the grounds that (1) they were unreasonable, burdensome, and oppressive, and (2) that they were not issued upon application of a "party" to the proceedings before the Board, 141 F.Supp. 860. It failed to pass upon ground (3) to the effect that the Board alone could revoke subpoenas duces tecum in representation proceedings. It also refused to enforce and quashed one subpoena ad testificandum on ground (2). This Court reversed the district court on the subpoena ad testificandum, and thus disposed of ground (2), but upheld the district court as respects the subpoenas duces tecum on ground (3), 243 F.2d 427. The Supreme Court reversed this Court and disposed of ground (3) favorably to the Board, 357 U.S. 1, 78 S.Ct. 1024, 2 L.Ed.2d 1097. The cause was remanded to this Court for proceedings in conformity with the opinion of the Supreme Court.
Only ground (1) as to the subpoenas duces tecum, i. e. that they were unreasonable, burdensome, and oppressive, remains to be considered. The district court expressed the reasons for its holding as follows 141 F.Supp. 861:
...
To continue reading
Request your trial
-
Agricultural Labor Relations Bd. v. Laflin & Laflin
...(2d Cir. 1962), 306 F.2d 534, 538; N. L. R. B. v. Rohlen (7th Cir. 1967) 385 F.2d 52, 58; National Labor Relations Board v. Duval Jewelry Company of Miami, Inc. (5th Cir. 1958), 257 F.2d 672, 672-673; Jackson Packing Co. v. National Labor Relations Board (5th Cir. 1953), 204 F.2d 842, 844; ......
-
Nat'l Labor Relations Bd. v. Lear Corp.
...relieve the [subpoenaed party] from any undue oppression or burden without quashing the subpoenas entirely." NLRB v. Duval Jewelry Co. of Miami, 257 F.2d 672, 673 (5th Cir. 1958). See also EEOC v. Royal Caribbean Cruises, Ltd., 771 F.3d 757, 760, 763 (11th Cir. 2014) (per curiam) ("A distri......
-
NLRB v. Wyman-Gordon Company
...g., N. L. R. B. v. Northern Trust Co., N.D.Ill., 1944, 56 F.Supp. 335, 336, aff'd 7 Cir. 1945, 148 F.2d 24; N. L. R. B. v. Duval Jewelry Co., Inc., 5 Cir., 1958, 257 F.2d 672, 673. In Cudahy Packing Co. v. N. L. R. B., supra, the court enforced a Board subpoena of a company's personnel and ......
-
In re Wallace, 1487-N.
...if this Court considers it appropriate, even in the absence of agreement, is clear. The Court cites N. L. R. B. v. Duval Jewelry Company, 5 Cir., 1958, 257 F.2d 672, and reference is made to cases cited by the Fifth Circuit Court of Appeals in that case. This modification will relieve movan......