U.S. Court of Appeals for the Fifth Circuit, 1951

National Labor Relations Board v. Westex Boot & Shoe Co.

National Labor Relations Board v. Westex Boot & Shoe Co.
U.S. Court of Appeals for the Fifth Circuit · Decided August 14, 1951 · McCORD, Rives, Russell
190 F.2d 556; 28 L.R.R.M. (BNA) 2504; 1951 U.S. App. LEXIS 4208 (Federal Reporter, Second Series)

National Labor Relations Board v. Westex Boot & Shoe Co.

Opinion

RIVES, Circuit Judge.

The Company complains that the Court did not expressly pass upon its contention that all of the unfair labor practices, except the discharge of seven employees for their union activities, were barred by limitation under Section 10(b) óf the National Labor Relations Act, as amended, U.S.C.A. Title 29, § 160(b). The sole ground for that contention, as expressed in the petition for rehearing, is that, “These other unfair labor practices have never been the subject of a charge to the Board”. In concluding that the Board had power to issue the complaint based on *557 such other alleged unfair labor practices, we held that the complaint merely “elaborated the charge with particularity.” It follows that none of the unfair labor practices charged in the complaint were barred by limitation.

The petition for rehearing is Denied.

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