U.S. Court of Appeals for the Fifth Circuit, 1970

Janelle Beauboeuf and the American Federation of Teachers, Local Union 1130 Afl-Cio v. Delgado College and Its Board of Managers

U.S. Court of Appeals for the Fifth Circuit · Decided July 6, 1970 · Bell, Coleman, Ainsworth

428 F.2d 470; 74 L.R.R.M. (BNA) 2767; 1970 U.S. App. LEXIS 8332 (Federal Reporter, Second Series)

Counsel

Benjamin E. Smith, of Smith & Scheuermann, New Orleans, La., for plaintiffs-appellants., Jack P. F. Gremillion, State Atty. Gen., Baton Rouge, La., Alvin J. Liska, City Atty., William P. Schuler, Second Asst. Atty. Gen., New Orleans, La., for defendants-appellees., Samuel I. Rosenberg of Polack, Rosenberg & Rittenberg, New Orleans, La., for Orleans Parish School Board, intervenor.

Cases that cite this one

10 later published cases cite this decision.

UNITED STEELWORKERS, ETC. v. University of Ala. (United States District Court for the Northern District of Alabama 1977)
Kelly v. Gilbert (District Court, D. Montana 1977)
Confederation of Police v. City of Chicago (District Court, N.D. Illinois 1974)
Local 2238 of the American Federation of State, County & Municipal Employees v. Stratton (N.M. 1989)
Commerce Park at Dfw Freeport v. Mardian Construction Company (5th Cir. 1984)
McCallum v. Hinson (United States District Court for the Middle District of Georgia 1980)
Truck Drivers & Helpers Local Union No. 728 v. City of Atlanta (United States District Court for the Northern District of Georgia 1979)
City of Macon v. Marshall (United States District Court for the Middle District of Georgia 1977)
Johnson v. City of Albany, Ga. (United States District Court for the Middle District of Georgia 1976)
Illinois Migrant Council v. Pilliod (District Court, N.D. Illinois 1975)

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.

Local Union #1130 of the American Federation of Teachers, New Orleans, Louisiana, presented the governing Board of Delgado College with a petition for recognition as the exclusive collective bargaining agent of the professional teaching staff at the College. The petition was rejected. An unsuccessful four day strike followed. The Union sought a mandatory injunction compelling the College to bargain collectively with it as the exclusive representative of Delgado’s teachers.

Delgado is an agency of the City of New Orleans, pursuant to the last will and testament of Isaac Delgado, deceased. Its primary financial support is provided by the State of Louisiana. Other income is derived from federal grants, tuition, etc.

After a full hearing the District Court denied relief. 303 F.Supp. 861.

Louisiana has no statute permitting or requiring publicly owned educational institutions to bargain collectively with its teachers. The National Labor Relations Act expressly excludes state and municipal governing bodies or agencies, 29 U.S.C.A. § 152(2).

We agree with the District Court that this case presents no cognizable issue of due process or equal protection.

The judgment of the District Court is

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.