U.S. Court of Appeals for the D.C. Circuit, 1944

Reilly v. Millis

U.S. Court of Appeals for the D.C. Circuit · Decided July 10, 1944 · Arnold, Edgerton, Groner

144 F.2d 259; 79 U.S. App. D.C. 171; 14 L.R.R.M. (BNA) 842; 1944 U.S. App. LEXIS 2800 (Federal Reporter, Second Series)

Counsel

Mr. Nicholas J. Chase, of Washington, D. C., with whom Mr. Robert E. Lynch, of Washington, D. C., was on the brief, for appellants. Mr. John J. Donnelly, Jr., of Washington, D. C., also entered an appearance for appellants., Mr. Charles F. McErlean, of Washington,D. C., Attorney, with whom Messrs. Alvin J. Rockwell, General Counsel, and Malcolm F. Halliday, Associate General Counsel, National Labor Relations Board, both of Washington, D. C., were on the brief, for appellees.

Cases that cite this one

12 later published cases cite this decision.

International Chemical Workers Union, Local 6 v. Olin Mathieson Chemical Corp. (District Court, S.D. Illinois 1962)
Ruth De Pratter v. Guy Farmer, Individually and as Chairman and Members of the National Labor Relations Board (D.C. Cir. 1956)
White v. Herzog (District Court, District of Columbia 1948)
Olin Industries, Inc. v. National Labor Relations Board (District Court, D. Massachusetts 1947)
Luce & Co., S. en C. v. Puerto Rico Labor Relations Board (Supreme Court of Puerto Rico 1961)
Luce & Co., S. en C. v. Junta de Relaciones del Trabajo de Puerto Rico (Supreme Court of Puerto Rico 1961)
Inland Empire District Council, Lumber and Sawmill Workers Union, Lewiston, Idaho v. Millis (Supreme Court of the United States 1945)
Lumber & Sawmill Workers v. Millis (Supreme Court of the United States 1945)
Beebe Corp. v. Millis (District Court, S.D. New York 1945)
Zimmer-Thomson Corp. v. National Labor Relations Board (District Court, S.D. New York 1945)
National Labor Relations Board v. Central Dispensary & Emergency Hospital (D.C. Cir. 1944)
Millis v. Inland Empire District Council (D.C. Cir. 1944)

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 of the Court

PER CURIAM.

Plaintiffs below are twenty employees of the City National Bank and Trust Company of Chicago. They ask for a mandatory injunction to set aside and expunge from the records of the National Labor Relations Board a Direction of Election and certification of the collective bargaining representatives of their group. The court below dismissed the complaint.

The National Labor Relations Act, 29 U.S.C.A. § 151 et seq., does not provide for a review of the proceedings of the Board in connection with the investigation and certification of representatives for collective bargaining except after the Board has entered a final order based on the facts certified in such proceedings. The certification itself is not such an order. The complaint on its face does not show that plaintiffs are threatened with irreparable injury as a consequence of the certification. They make no showing of any special circumstances which make the review provided by statute an inadequate remedy for the matters set out in their complaint.

The judgment of the court below will be affirmed on the authority of American Federation of Labor v. National Labor Relations Board, 1940, 308 U.S. 401, at page 411, 412, 60 S.Ct. 300, at page 305, 84 L.Ed. 347. See also Switchmen's Union of North America v. National Mediation Board, 1943, 320 U.S. 297, 64 S.Ct. 95; Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees v. United Transport Service Employees of America, 1943, 320 U.S. 715, 64 S.Ct. 260, reversing Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees v. United Transport Service Employees of America, 1943, 78 U.S.App.D.C. 125, 137 F.2d 817; Employers Group of Motor Freight Carriers, Inc., v. National War Labor Board, No. 8680, - U.S.App.D.C. -, 143 F.2d 145.

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