Reilly v. Millis
| Decision Date | 04 October 1943 |
| Docket Number | No. 21291.,21291. |
| Citation | 52 F. Supp. 172 |
| Parties | REILLY et al. v. MILLIS et al. |
| Court | U.S. District Court — District of Columbia |
Robert E. Lynch, Nicholas J. Chase, and John J. Donnelly, Jr., all of Washington, D. C., and R. A. Bullinger, of Chicago, Ill., for plaintiffs.
Robert B. Watts, Gen. Counsel, Malcolm F. Halliday, Asst. Gen. Counsel, and Albert P. Wheatley, all of Washington, D. C., and Wm. A. Babcock, Jr., of Seattle, Wash., for defendants.
Plaintiffs, residents of the State of Illinois, are protection force employees of the City National Bank & Trust Company of Chicago. Defendants are members of the National Labor Relations Board, appointed by the President of the United States, by and with the consent of the Senate, pursuant to authority of the National Labor Relations Act, 49 Stat. 449, 29 U.C.S.A. § 151 et seq.
A petition having been filed requesting an investigation and certification of representatives pursuant to Section 9(c) of the National Labor Relations Act, the Board directed an investigation and provided for an appropriate hearing. A hearing was held and thereafter the Board directed an election to be conducted, which was held on July 10, 1943. Objections were filed thereto which were overruled by the Board July 19, 1943, and on July 26, 1943, the Board certified the Protective Service Employees' Union as the exclusive representative of all protection force employees of the Bank and the Safe Deposit Companies for purposes of collective bargaining.
Plaintiffs have asked the Court to issue a preliminary injunction enjoining defendants, pendente lite, from permitting the decision and direction of election issued by the Board June 15, 1943, and the supplemental decision and certification of representatives issued by the Board July 26, 1943, to remain on the records of the Board and requiring defendants to vacate and set same aside pendente lite.
Defendants have moved to dismiss, founding their motion on seven separate grounds.
The Act provides that an appeal may be had to Circuit Court of Appeals only after the making of a final order by the Board (American Federation of Labor v. National Labor Relations Board, 308 U.S. 401, 60 S.Ct. 300, 84 L.Ed. 347), but certification by the Board of the collective bargaining representative does not constitute a final order within the meaning of the Act. This Court, however, has jurisdiction to grant the relief sought by plaintiffs (American Federation of Labor v. National Labor Relations Board, 70 App. D.C....
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Inland Empire District Council, Lumber and Sawmill Workers Union, Lewiston Idaho v. Millis
...41 F.Supp. 417; R. J. Reynolds Employees Association, Inc. v. National Labor Relations Board, D.C.M.D.N.C., 61 F.Supp. 280; Reilly v. Millis, D.C.D.C., 52 F.Supp. 172, affirmed App.D.C., 144 F.2d 259; Brotherhood and Union of Transit Employees of Baltimore v. Madden, 4 Cir., 147 F.2d 439; r......
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...Ass'n Inc., v. N. L. R. B., 3 Cir., 139 F.2d 744; Utah Copper Co. v. N. L. R. B., 10 Cir., 136 F.2d 485. Contra, see Reilly v. Millis, D.C., 52 F.Supp. 172; International Brotherhood of Electrical Workers v. N. L. R. B., D.C., 41 F.Supp. 57; Klein v. Herrick, D.C., 41 F.Supp. 417; A. F. of ......
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...85 L.Ed. 1251 (1941); San Diego Building Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775 (1959); Reilly v. Millis, 52 F.Supp. 172 (D.C.D.C. 1943) aff. 79 U.S.App.D.C. 171, 144 F.2d 259 (1944), cert. den. 325 U.S. 879, 65 S.Ct. 1566, 89 L.Ed. 1995 (1945); Brown v. Pacific......
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