MCELRATH POULTRY COMPANY, INC., PETITIONER-CROSS RESPONDENT,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT-CROSS PETITIONER
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The court held that employees involved in maintaining trucks used in farming are agricultural laborers and thus not covered by the National Labor Relations Act.
The NLRB sought to enforce a bargaining order. The employees in question included truck drivers and a mechanic who maintained the trucks used in farmi…
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PER CURIAM:
In this enforcement proceeding, with cross-petition for review, the NLRB acknowledges “. . . that disposition of the jurisdictional issue in the present case is controlled by this Court’s decision in Abbott Farms, Inc. v. N. L. R. B., 487 F. 2d 904 (1973), in which, on similar facts, this Court found that the Board’s bargaining order was not entitled to enforcement because the employees in the certified unit were agricultural laborers.” 1
It nevertheless “. . . adheres to its position that employees like those in the present case are employees covered by the National Labor Relations Act ., and are not exempted from that coverage as agricultural laborers under Section 3(f) of the Fair Labor Standards Act . . . and Section 2(3) of the Act.”
The Board lacks jurisdiction.2 Enforcement denied.
. Two of the employees involved were primarily truck drivers, as in Abbott. One was a full-time mechanic who maintained the trucks. “By a parity of reasoning, those employees who repair the mechanical imx>lements used in farming are also included within the agricultural exemption.” Maneja v. Waialua Agricultural Co., 349 U.S. 254, 263, 75 S.Ct. 719, 725, 99 L.Ed. 1040 (1955).
. Abbott Farms, Inc. v. N. L. R. B., 487 F. 2d 904 (5th Cir. 1973) ; N. L. R. B. v. Victor Ryckebosch, Inc., 471 F. 2d 20 (9th Cir. 1972) ; N. L. R. B. v. Strain Poultry Farms, Inc., 405 F. 2d 1025 (5th Cir. 1969) ; Mitchell v. Georgia Broiler Supply, Inc., 186 F. Supp. 341 (N.D.Ga.1960).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bayside Enters., Inc. v. Nat'l Labor Relations Bd., 429 U.S. 298 (U.S. 1977)
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Nat'l Labor Relations Bd. v. Bayside Enters., Inc., 527 F.2d 436 (1st Cir. 1975)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Maneja v. Waialua Agric. Co., Ltd., 349 U.S. 254 (U.S. 1955)
- Nat'l Labor Relations Bd. v. Strain Poultry Farms, Inc., 405 F.2d 1025 (5th Cir. 1969)
- Nat'l Labor Relations Bd. v. Victor Ryckebosch, Inc., 471 F.2d 20 (9th Cir. 1972)
- Abbott Farms, Inc. v. Nat'l Labor Relations Bd., 487 F.2d 904 (5th Cir. 1973)