Opinion

National Labor Relations Board v. Sidney Seltzer and Ralph Seltzer D/B/A G. & S. Electric Company

  • 296 F.2d 125
Court
Court of Appeals for the Second Circuit
Filed
Nov 30, 1961
Status
Published
On the bench
Swan, Moore, Smith
Cited by
1 cases
Authority
More cited than 56.1%

The opinion

PER CURIAM.

The Board’s decision and order are reported in 130 N. L. R. B. No. 73. The Board found that the respondent had violated Sections 8(a) (1) and (5) of the Act, 29 U.S.C.A. § 158 (a) (1, 5) and ordered it to cease and desist from such unfair labor practices and take specified affirmative action. The respondent filed no brief in opposition to the petition but Mr. Sidney Seltzer, who is not a lawyer, appeared on oral argument and stated that he and his partner had complied with the Board’s order and were unable to ascertain from the Board in what respect it claimed they had not complied. When asked by the court how an order of enforcement would be harmful if the respondent had already complied with the Board’s order, he replied that it would not be harmful.

In N. L. R. B. v. General Motors Corp., 2 Cir., 179 F.2d 221 it was held that the court need not refuse enforcement because,

pendente lite,

the original dispute has been settled. This decision was cited with approval in N. L. R. B. v. Mexia Textile Mills, Inc., 339 U.S. 563, 567 , 70 S.Ct. 826, 833 , 94 L.Ed. 1067 . Accordingly, the petition for enforcement is granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.