Opinion

Cathey v. National Labor Relations Board

189 F.2d 428
28 L.R.R.M. (BNA) 2141
1951 U.S. App. LEXIS 3544

Court: Court of Appeals for the Fifth Circuit
Filed: Jun 6, 1951
Status: Published
On the bench: Holmes, Borah, Russell
Cited by: 4 cases
Authority: More cited than 84.4%

The opinion

PER CURIAM.

It is ordered that the petition for rehearing in this case be, and the same hereby is, granted, our prior judgment herein set

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aside, the petition for-the enforcement of the Board’s order denied, and the complaint dismissed, because of the failure of the union to comply with Section 9(h) of the National Labor Relations Act, 29 U.S. C.A. § 159(h), which is the Non-Communist Affidavit provision. N. L. R. B. v. Postex Cotton Mills, 5 Cir., 181 F.2d 919 ; N. L. R. B. v. Highland Park Manufacturing Company, 71 S.Ct. 758 . See also Universal Camera Corporation v. N. L. R. B., 340 U.S. 474 , 71 S.Ct. 456 ; N. L. R. B. v. Pittsburg S. S. Company, 340 U.S. 498 , 71 S.Ct. 453 .

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