NLRB v. Strickland, No. 15077.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtCECIL, , MILLER, Circuit , and McALLISTER, Senior Circuit
Citation321 F.2d 811
Docket NumberNo. 15077.
Decision Date13 August 1963
PartiesNATIONAL LABOR RELATIONS BOARD, Applicant-Appellee, v. C. E. STRICKLAND and Billy Sturdivant, Respondents-Appellants.

321 F.2d 811 (1963)

NATIONAL LABOR RELATIONS BOARD, Applicant-Appellee,
v.
C. E. STRICKLAND and Billy Sturdivant, Respondents-Appellants.

No. 15077.

United States Court of Appeals Sixth Circuit.

August 13, 1963.


321 F.2d 812

Lowell Goerlich, Washington, D. C. (John W. Hart, Union City, Tenn., on brief, Harold A. Cranefield, Detroit, Mich., of counsel), for appellants.

Ira M. Lechner, National Labor Relations Board, Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, James C. Paras, Ira M. Lechner, Attys., National Labor Relations Board, Washington, D. C., on brief), for appellee.

Before CECIL, Chief Judge, MILLER, Circuit Judge, and McALLISTER, Senior Circuit Judge.

SHACKELFORD MILLER, Jr., Circuit Judge.

In a proceeding instituted by the General Counsel for the National Labor Relations Board against the United Automobile, Aircraft and Agricultural Implement Workers of America, AFL-CIO, and its Local Union for alleged violation of Section 8(b) (1) (a) of the National Labor Relations Act, as amended, by engaging in picket line violence during a strike of the American Metal Products Company plant at Union City, Tennessee, the Board issued subpenas ad testificandum directing appellants, C. E. Strickland, an International representative, and Billy Sturdivant, allegedly a vice-president of the Local Union, to appear and testify at a hearing on April 24, 1962.

Both Strickland and Sturdivant were present at the hearing. Strickland was called upon to come forward and testify in obedience of a subpena issued by the Board and was asked if he would respond to it. Proof of service was not offered. His counsel stated that in the absence of proof of service of the subpena he would not permit Mr. Strickland to take the stand. He also stated that his position was the same as to Mr. Sturdivant.

The Trial Examiner thereupon at the request of the General Counsel continued the hearing indefinitely to enable the General Counsel to enforce the subpenas alleged by the General Counsel to have been served upon Strickland and Sturdivant. This proceeding was thereupon filed in the United States District Court applying for an order requiring Strickland and Sturdivant to obey the subpenas issued by the Board.

At the hearing it was shown that the subpenas were sent by registered mail on April 16, 1962; that the return post office receipt of the subpena addressed to Strickland was signed in his name showing delivery on April 17, but the signature was not his; that Strickland first discovered the subpena on his desk approximately two days before the hearing; that the subpena addressed to Sturdivant was delivered to his home post office at Kenton, Tennessee; that his wife signed the return receipt and accepted delivery of the subpena on April 18; and that Studivant received the subpena the same day from his wife. Following the hearing, the District Court granted the Board's application, from which ruling and order Strickland and Sturdivant have taken this appeal.

Section 11(2) of the National Labor Relations Act, as amended, Section 161 (2), Title 29, United States Code, provides that in case of refusal to obey a subpena issued by the Board, or a member thereof, the United States District Court "upon application by the Board shall have jurisdiction to issue to such person an...

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3 practice notes
  • Vokas Provision Co. v. N.L.R.B., Nos. 84-5886
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 21, 1986
    ...she intentionally failed to comply, it made out a prima facie case of willful default." (Emphasis added). In N.L.R.B. v. C.E. Strickland, 321 F.2d 811, 814 (6th Cir.1963), our court reiterated this principle in the context of N.L.R.B. proceedings when we stated: "In United States v. Bryan .......
  • Nat'l Labor Relations Bd. v. NPC Int'l, Inc., 13-00010
    • United States
    • United States District Courts. 6th Circuit. Western District of Tennessee
    • December 22, 2015
    ...moot an administrative investigation by settling a claim. C.f. N.L.R.B. v. Strickland, 220 F. Supp. 661, 664 (W.D. Tenn. 1962) aff'd, 321 F.2d 811 (6th Cir. 1963) ("Inasmuch as the purpose of the Act is to promote harmony with respect to labor relations, the [N.L.R.B.] cannot be prevented f......
  • NLRB v. INTER. BROTH. OF BOILERMAKERS, ETC., LOCAL NO. 83, No. 17175.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 28, 1963
    ...267 F.2d 870. Article II, § 10, of Local 83's constitution, places the responsibility for the appointment of job stewards in the business 321 F.2d 811 manager. The union men reported their intention to walk off to the steward. At his direction, they assembled in the lounge while the steward......
3 cases
  • Vokas Provision Co. v. N.L.R.B., Nos. 84-5886
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 21, 1986
    ...she intentionally failed to comply, it made out a prima facie case of willful default." (Emphasis added). In N.L.R.B. v. C.E. Strickland, 321 F.2d 811, 814 (6th Cir.1963), our court reiterated this principle in the context of N.L.R.B. proceedings when we stated: "In United States v. Bryan .......
  • Nat'l Labor Relations Bd. v. NPC Int'l, Inc., 13-00010
    • United States
    • United States District Courts. 6th Circuit. Western District of Tennessee
    • December 22, 2015
    ...moot an administrative investigation by settling a claim. C.f. N.L.R.B. v. Strickland, 220 F. Supp. 661, 664 (W.D. Tenn. 1962) aff'd, 321 F.2d 811 (6th Cir. 1963) ("Inasmuch as the purpose of the Act is to promote harmony with respect to labor relations, the [N.L.R.B.] cannot be prevented f......
  • NLRB v. INTER. BROTH. OF BOILERMAKERS, ETC., LOCAL NO. 83, No. 17175.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 28, 1963
    ...267 F.2d 870. Article II, § 10, of Local 83's constitution, places the responsibility for the appointment of job stewards in the business 321 F.2d 811 manager. The union men reported their intention to walk off to the steward. At his direction, they assembled in the lounge while the steward......

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