U.S. Court of Appeals for the Fifth Circuit, 1961

National Labor Relations Board v. Local No. 3887, United Steelworkers of America, Afl-Cio

U.S. Court of Appeals for the Fifth Circuit · Decided May 19, 1961 · Tuttle, Rives, De Vane

290 F.2d 587; 48 L.R.R.M. (BNA) 2199; 1961 U.S. App. LEXIS 4452 (Federal Reporter, Second Series)

Counsel

William J. Rains, Atty., Dominick J. Manoli, Assoc. Gen. Counsel, Marcel Mallet Prevost, Asst. Gen. Counsel, Stuart Rothman, Gen. Counsel, Samuel M. Singer, G. F. Mclnerny, Attys., National Labor Relations Board, Washington, D. C., for petitioner., Thomas N. Crawford, Jr., Cooper, Mitch, Black & Crawford, Birmingham, Ala., for respondent.

Cases that cite this one

1 later published case cites this decision.

General Truckdrivers, Chauffeurs, Warehousemen and Helpers of America, Local No. 5 v. National Labor Relations Board (5th Cir. 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

In opposing this attempt of the National Labor Relations Board to enforce its order prohibiting it from restraining and coercing employees in the exercise of their rights to refrain from participating in a strike, the respondent Union concedes that there was ample evidence to support the Board’s finding of illegal conduct under Section 8(b) (1) (A) of the Act, 29 U.S.C.A. § 158(b) (1) (A), in three of the five instances relied upon. It asserts that there was no evidence to support the finding of illegal conduct as to the remaining two and seeks to have enforcement denied because the proved incidents were infrequent and sporadic.

We find that there was ample evidence in the record to support the findings as to all incidents relied on by the Board, and we think that it follows that the order must be enforced as a matter of law.

Enforcement ordered.

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