NATIONAL LABOR RELATIONS BOARD
v.
LOCAL 476, UNITED ASSOCIATION OF JOURNEYMEN OF THE PLUMBING AND PIPEFITTING INDUSTRY, AFL-CIO, ET AL.
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The National Labor Relations Board sought enforcement of an order against a union for violating the National Labor Relations Act by engaging in secondary boycott activities, and the Court of Appeals narrowed the scope of the cease-and-desist order by removing language covering "any other employer." The Supreme Court reversed, holding that the Board's original order with its broader language covering secondary boycotts against employers other than the primary target must be enforced as issued by the Board.
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Per Curiam.
The petition for a writ of certiorari is granted. In unfair labor practice proceedings before the National Labor Relations Board respondents did not except to the terms of an order dirécting them to cease and desist from certain practices found to violate §8 (b)(4) (A) of the National Labor Relations Act, 29 U.
S. C. § 158 (b)(4)(A), as regards the employees of a named employer “or any other employer” where an object is to force or require the named employer “or any other employer or person” to cease doing business with a named primary contractor. The Court of Appeals in enforcement proceedings modified the order, among other ways, by striking the references to “any other employer” and to “any other employer or person.” 283 F. 2d 26. The judgment of the Court of Appeals is reversed and the case is remanded with directions that a judgment be entered which affirms and enforces the Board order after restoring these deleted provisions. Labor Board v. Cheney California Lumber Co., 327 U. S. 385; § 10 (e), 49 Stat. 454, as amended, 29 U.
S. C. § 160 (e). See also Labor Board v. Ochoa Fertilizer Corp., ante, p. 318.
Cases With Similar Vibessemantic neighbors from the corpus
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Nat'l Labor Relations Bd. v. Children's Baptist Home OF Southern California, 576 F.2d 256 (9th Cir. 1978)…extraordinary circumstances.” The Supreme Court has interpreted this section rather rigidly by disapproving judicial consideration of claims which were not originally presented to the Board. See, e. g., NLRB v. Local 476, United Ass’n of Journeymen, 368 U.S. 401, 82 S.Ct. 423, 7 L.Ed.2d 382 (1962); NLRB v. United Mine Workers, 355 U.S. 453, 463-64, 78 S.Ct. 386, 2 L.Ed.2d 401 (1958). Of course, the Home urged its objections concerning the election to the Board during the course of the underlying representa…
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Nat'l Labor Relations Bd. v. Cap. Bakers, Inc., 351 F.2d 45 (3d Cir. 1965)…rcumstances.” 29 U.S.C. § 160(e). [*48] This has not only been held to preclude judicial consideration of issues not raised before the Board, N. L. R. B. v. Local 476, United Association of Journeymen of the Plumbing & Pipefitting Industry, AFL-CIO, 368 U.S. 401, 402 (1962), 82 S.Ct. 423, 7 L.Ed.2d 382; N. L. R. B. v. Ochoa Fertilizer Corp., 368 U.S. 318, 322, 82 S.Ct. 344, 7 L.Ed.2d 312 (1961), but also to apply where an issue litigated before the Trial Examiner has not been raised by a timely exception to…1 / 2
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Nat'l Labor Relations Bd. v. Lone Star Textiles, Inc., 386 F.2d 535 (5th Cir. 1967)…v. Express Publishing Company, 1941, 312 U.S. 426, 433, 61 S.Ct. 693, 85 L.Ed. 930, but this suggestion comes too late. No specific exception was filed to the breadth of the order. See NLRB v. Local 476, United Association of Journeymen, etc., 1962, 368 U.S. 401, 82 S. Ct. 423, 7 L.Ed.2d 382. Cf. NLRB v. Safway Steel Scaffolds Company of Georgia, 5 Cir., 1967, 383 F. 2d 273 [dated September 7, 1967], on rehearing 383 F. 2d 273 [dated October 24, 1967], where a proper exception was filed. The order will be…
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- Nat'l Labor Relations Bd. v. Cheney Cal. Lumber Co., 327 U.S. 385 (U.S. 1946)
- Nat'l Labor Relations Bd. v. Ochoa Fertilizer Corp., 283 F.2d 26 (1st Cir. 1960)