NATIONAL LABOR RELATIONS BOARD

v.

LOCAL UNION NO. 85, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO

Citator

Cited By (19 total)

• Nat'l Labor Relations Bd. v. Miranda Fuel Co., Inc., 326 F.2d 172 (2d Cir. 1963)
  …. N.L.R.B., 276 F. 2d 63 (9 Cir. 1960), cert, denied, N.L.R.B. v. Hod Carriers, Bldg, and Common Laborers Union of America, 366 U.S. 910, 81 S.Ct. 1082, 6 L.Ed.2d 233 (1961); N.L.R.B. v. E. & B. Brewing Co., 276 E.2d 594 (6 Cir. 1960), cert, denied, 366 U.S. 908, 81 S.Ct. 1083, 6 L.Ed.2d 234 (1961). The First Circuit had upheld it, N.L.R.B. v. Local 176, United Brother bood of Carpenters, 276 F. 2d 583 (1960), as had the District of Columbia Circuit, 107 U.S.App.D.C. 188, 275 F. 2d 646, in the decision unde…
• Nat'l Labor Relations Bd. v. Majestic Weaving Co., Inc., 355 F.2d 854 (2d Cir. 1966)
  …ade known, or might even have been taken in express reliance on the standard previously established. See NLRB v. International Bhd. of Teamsters, 225 F. 2d 343 (8 Cir. 1955); NLRB v. E & B Brewing Co., 276 F. 2d 594, 600 (6 Cir. 1960), cert. denied, 366 U.S. 908, 81 S.Ct. 1083, 6 L.Ed.2d 234 (1961). It must be recognized that “every case of first impression has a retroactive effect, whether the new principle is announced by a court or by an administrative agency,” and that, generally speaking, “the choice…

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• Nat'l Labor Relations Bd. v. A.P.W. Prods. Co., 316 F.2d 899 (2d Cir. 1963)
  …rule-making procedure when it wants to make rules. See Peck, The Atrophied Rule-Making Powers of the National Labor Relations Board, 70 Yale L.J. 729 (1961) ; compare N. L. R. B. v. E & B Brewing Co., 276 F. 2d 594, 598 (6 Cir. 1960), cert. denied, 366 U.S. 908, 81 S.Ct. 1083, 6 L.Ed.2d 234 (1961). But our question is not of wisdom but of authority. Congress cannot have been blind to the fact that the adjudicative process of the agencies, like that of the courts, gives birth to “rules,” which may apply f…