DocketNumber: 8814
Citation Numbers: 150 F.2d 201
Judges: Martin and McLaughlin, Circuit Judges, and Kalodner, District Judge
Filed Date: 6/20/1945
Status: Precedential
Modified Date: 8/22/2023
Circuit Court of Appeals, Third Circuit.
Kevin McInerney, of New York City (John Thomas Smith, of New York City, on the brief), for petitioner.
Samuel P. Shapiro, of New York City, for intervenor.
Malcolm F. Halliday, of Washington, D. C., (Alvin J. Rockwell, Gen. Counsel, David Findling, and Fannie M. Boyls, Attys., National Labor Relations Board, all of Washington, D. C., on the brief), for respondent.
Before MARTIN and McLAUGHLIN, Circuit Judges, and KALODNER, District Judge.
PER CURIAM.
The record discloses substantial evidence in support of the findings of the National Labor Relations Board in this case. The order of the Board, however, under the particular facts here present, is too broad. There is no finding by the Board that the unfair labor practices engaged in by the petitioner have been so persistent and varied as to justify the entry of a blanket order to cease and desist from all violations of the National Labor Relations Act, 29 U.S. C.A. § 151 et seq., nor is there any indication from the testimony to that effect. The inclusion of Paragraph 1(c) in the order is therefore unwarranted and should be stricken out. N. L. R. B. v. Newark Morning Ledger Co., 3 Cir., 120 F.2d 262, 137 A.L.R. 849, certiorari denied, 314 U.S. 693, 62 S.Ct. 363, 86 L.Ed. 554; N. L. R. B. v. Express Publishing Co., 312 U.S. 426, 61 S.Ct. 693, 85 L.Ed. 930. The Board's order is modified in accordance with this opinion. In all other respects the order is approved and a decree of enforcement will be entered.
Horace Mann Mutual Casualty Company v. Bell , 134 F. Supp. 307 ( 1955 )
the-western-casualty-surety-company-a-corporation-v-billy-fred-lund , 234 F.2d 916 ( 1956 )
inland-mutual-insurance-company-v-clifton-william-stallings-thomas-w , 263 F.2d 852 ( 1959 )
National Labor Relations Board v. Electric Steam Radiator ... , 321 F.2d 733 ( 1963 )
Inland Steel Co. v. National Labor Relations Board , 170 F.2d 247 ( 1949 )
Joseph Beister and Irene Beister v. John Hancock Mutual ... , 356 F.2d 634 ( 1966 )
Koehn v. Union Fire Ins. Co. , 152 Neb. 254 ( 1950 )
Western Mutual Insurance Company v. Wood , 246 Iowa 1143 ( 1955 )
Adams v. Bartel , 129 N.W.2d 755 ( 1964 )
Intermountain Equipment Company v. National Labor Relations ... , 239 F.2d 480 ( 1956 )
Radio Officers' Union of the Commercial Telegraphers Union ... , 74 S. Ct. 323 ( 1954 )
Providence Washington Indemnity Co. v. Edes , 109 F. Supp. 813 ( 1953 )