National Labor Relations Board v. Local 476, Plumbing and Pipefitting, AFL-CIO
| Citation | 82 S.Ct. 423,7 L.Ed.2d 382,368 U.S. 401 |
| Decision Date | 15 January 1962 |
| Docket Number | No. 39,AFL-CIO,39 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. LOCAL 476, PLUMBING AND PIPEFITTING,et al |
| Court | United States Supreme Court |
Solicitor General Rankin, Stuart Rothman, Dominick L. Manoli and Norton J. Come, for petitioner.
Martin F. O'Donoghue, for respondents.
The petition for a writ of certiorari is granted. In unfair labor practice proceedings before the National Labor Relations Board respondents did not except to the terms of an order directing them to cease-and-desist from certain practices found to violate § 8(b)(4)(A) of the National Labor Relations Act, 29 U.S.C. § 158(b)(4)(A), 29 U.S.C.A. § 158(b)(4)(A), as regards the employees of a named employer 'or any other employer' where an object is to force or require the named employer 'or any other employer or person' to cease doing business with a named primary contractor. The Court of Appeals in enforcement proceedings modified the order, among other ways, by striking the references to 'any other employer' and to 'any other employer or person.' 283 F.2d 26, 28. The judgment of the Court of Appeals is reversed and the case is remanded with directions that a judgment be entered which affirms and enforces the Board order after restoring these deleted provisions. National Labor Relations Board v. Cheney California Lumber Co., 327 U.S. 385, 66 S.Ct. 553, 90 L.Ed. 739; § 10(e), 49 Stat. 454, as amended, 29 U.S.C. § 160(e), 29 U.S.C.A. § 160(e); see also National Labor Relations Board v. Ochoa Fertilizer Corp., 368 U.S. 318, 82 S.Ct. 344, 7 L.Ed.2d 312.
Petition granted.
To continue reading
Request your trial
-
NLRB v. Capital Bakers, Inc., 15079.
...judicial consideration of issues not raised before the Board, N. L. R. B. v. Local 476, United Association of Journeymen of the Plumbing & Pipefitting Industry, AFL-CIO, 368 U.S. 401, 402 (1962), 82 S.Ct. 423, 7 L.Ed.2d 382; N. L. R. B. v. Ochoa Fertilizer Corp., 368 U.S. 318, 322, 82 S.Ct.......
-
N.L.R.B. v. Children's Baptist Home of Southern California
...judicial consideration of claims which were not originally presented to the Board. See, e. g., NLRB v. Local 476, United Ass'n of Journeymen, 368 U.S. 401, 82 S.Ct. 423, 7 L.Ed.2d 382 (1962); NLRB v. United Mine Workers, 355 U.S. 453, 463-64, 78 S.Ct. 386, 2 L.Ed.2d 401 Of course, the Home ......
-
NLRB v. Lone Star Textiles, Inc., Guadalupe Val. Cotton MD
...comes too late. No specific exception was filed to the breadth of the order. See NLRB v. Local 476, United Association of Journeymen, etc., 1962, 368 U.S. 401, 82 S. Ct. 423, 7 L.Ed.2d 382. Cf. NLRB v. Safway Steel Scaffolds Company of Georgia, 5 Cir., 1967, 383 F.2d 273 dated September 7, ......
-
NLRB v. RI ZEIGLER, INC.
...or the Board's final order concerning these matters. Consequently, we have no power to alter or modify the order. N. L. R. B. v. Plumbers Local 476, 1962, 82 S.Ct. 423, No. 39, January 15, 1962, reversing, per curiam, 280 F.2d 441, 283 F.2d 26 (1 Cir. 1960), on authority of N. L. R. B. v. O......