CURTIN MATHESON SCIENTIFIC, INC., PETITIONER CROSS-RESPONDENT,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT CROSS-PETITIONER
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the National Labor Relations Board has the authority to establish a rule of decision regarding replacement workers in a lawful economic strike. The court now orders enforcement of the Board's remedial order.
A divided panel of the Fifth Circuit previously held the NLRB lacked authority to presume replacement workers' union stance. The Supreme Court reverse…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse National Labor Relations Act cases and more on FLexlaw
Before WILLIAMS and GARWOOD, Circuit Judges, and NOWLIN, District Judge.*
PER CURIAM:
In Curtin Matheson Scientific, Inc. v. National Labor Relations Board, 859 F. 2d 362 (5th Cir.1989), a divided panel of this Court held that the NLRB did not have the authority to establish a rule of decision that employees hired as replacements for strikers in a lawful economic strike could not be presumed either to favor or oppose the union as a bargaining representative. The panel refused to enforce the order of the Board based upon its conclusion that that rule of decision was invalid.
The United States Supreme Court in National Labor Relations Board v. Curtin Matheson Scientific, Inc., — U.S. -, 110 S.Ct. 1542, 108 L.Ed.2d 801 (1990), reversed our decision and held that the Board had a right to issue a remedial order against the employer based upon the rule of decision the Board had established. The Court remanded the case to this Court.
Following the decision of the United States Supreme Court, this Court now orders the enforcement of the remedial order of the National Labor Relations Board directed against the employer in this case. ORDER ENFORCED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Mateen Yusuf Shabazz, 993 F.2d 431 (5th Cir. 1993)
-
United States v. Sacerio, 952 F.2d 860 (5th Cir. 1992)
-
United States v. Williams, 957 F.2d 1238 (5th Cir. 1992)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Labor Relations Bd. v. Curtin Matheson Sci., Inc., 494 U.S. 775 (U.S. 1990)
- Curtin Matheson Sci., Inc. v. Nat'l Labor Relations Bd., 859 F.2d 362 (5th Cir. 1988)