NLRB v. General Electric Company, Docket 29502

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtPER CURIAM
Citation358 F.2d 292
PartiesNATIONAL LABOR RELATIONS BOARD, Petitioner, v. GENERAL ELECTRIC COMPANY, Respondent. GENERAL ELECTRIC COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
Decision Date17 March 1966
Docket Number29576,29577.,Docket 29502

358 F.2d 292 (1966)

NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
GENERAL ELECTRIC COMPANY, Respondent.

GENERAL ELECTRIC COMPANY, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.

INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS, AFL-CIO, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.

Docket 29502, 29576, 29577.

United States Court of Appeals Second Circuit.

Motions Submitted March 18, 22 and 26, 1965, February 16, 1966.

Decided March 17, 1966.


358 F.2d 293

David L. Benetar, Nordlinger, Riegelman, Benetar & Charney, New York City, for General Electric Co.

Irving Abramson, Washington, D. C., for International Union of Electrical, Radio & Machine Workers.

Marcel Mallet-Prevost, Asst. General Counsel, N. L. R. B., Washington, D. C., for N. L. R. B.

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

PER CURIAM:

All three of these cases arise out of proceedings before the National Labor Relations Board upon charges filed by the Union which resulted in a single decision and order issued by the Board against General Electric on December 16, 1964, 150 N.L.R.B. No. 36.

In No. 29502, the Board has petitioned for enforcement of its order. In No. 29576, General Electric has petitioned to review and set aside the Board's order. In No. 29577, the Union has petitioned to review the Board's alleged failure to find certain unfair labor practices and to order General Electric to cease and desist therefrom.

On April 2, 1965, this court issued a series of orders which granted a motion by General Electric to intervene in No. 29577 and dismissed the Union's petition to review on the ground that the Union was not "aggrieved" by the Board's order, see N.L.R.A. § 10(f), 29 U.S.C. § 160 (f); denied the Union's motion to intervene in No. 29502 on the ground that a wholly successful charging party has no such standing to intervene in the appellate review of the Board's order, see Fafnir Bearing Co. v. N. L. R. B., 339 F.2d 801 (2 Cir. 1964); and granted the Board's motion to consolidate Nos. 29502 and 29576.

This court's holding in Fafnir was reversed, sub nom., International Union, United Automobile, etc., Workers v. Scofield, 382 U.S. 205, 86 S.Ct. 373, 15 L.Ed.

358 F.2d 294
2d 272 (1965). On January 17, 1966, the Supreme Court vacated our aforesaid orders in these cases and remanded "for further consideration in light of International Union, United Automobile etc. Workers v. Scofield." Upon such further...

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3 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
    ...vacated and remanded, IUE v. NLRB, 382 U.S. 366, 86 S.Ct. 528, 15 L.Ed.2d 420 (1966), modified on remand, NLRB v. General Electric Co., 358 F.2d 292 (2d Cir.), cert. denied, 385 U.S. 898, 87 S.Ct. 201, 17 L.Ed. 2d 130 (1966). See International Union, United Auto., Aerospace, etc., Local 283......
  • Dankman v. Dist. of Col. Bd. of Elections, No. 81-977.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • October 13, 1981
    ...with attention to the particular statutory scheme and agency." Id. 382 U.S. at 210, 86 S.Ct. at 377. 13. N.L.R.B. v. General Electric Co., 358 F.2d 292, 294 (2d Cir.) (per curiam) (upon remand in light of Scofield, supra, the Court of Appeals concluded that it could dismiss a union's petiti......
  • Byrd v. Gardner, No. 22738.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 18, 1966
    ...this appeal from an adverse decision of the United States District Court for the Southern District of Mississippi, Southern Division. 358 F.2d 292 This matter was before the District Court pursuant to the provisions of Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405......
3 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
    ...vacated and remanded, IUE v. NLRB, 382 U.S. 366, 86 S.Ct. 528, 15 L.Ed.2d 420 (1966), modified on remand, NLRB v. General Electric Co., 358 F.2d 292 (2d Cir.), cert. denied, 385 U.S. 898, 87 S.Ct. 201, 17 L.Ed. 2d 130 (1966). See International Union, United Auto., Aerospace, etc., Local 283......
  • Dankman v. Dist. of Col. Bd. of Elections, No. 81-977.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • October 13, 1981
    ...with attention to the particular statutory scheme and agency." Id. 382 U.S. at 210, 86 S.Ct. at 377. 13. N.L.R.B. v. General Electric Co., 358 F.2d 292, 294 (2d Cir.) (per curiam) (upon remand in light of Scofield, supra, the Court of Appeals concluded that it could dismiss a union's petiti......
  • Byrd v. Gardner, No. 22738.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 18, 1966
    ...this appeal from an adverse decision of the United States District Court for the Southern District of Mississippi, Southern Division. 358 F.2d 292 This matter was before the District Court pursuant to the provisions of Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405......

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