Opinion

Thrift Drug Company of Pennsylvania v. National Labor Relations Board

  • 433 F.2d 361
  • 75 L.R.R.M. (BNA) 2431
  • 1970 U.S. App. LEXIS 7025
Court
Court of Appeals for the Sixth Circuit
Filed
Oct 8, 1970
Status
Published
On the bench
Weick, Edwards, McCree
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

ORDER

This Court granted enforcement of the Board’s Order in 404 F.2d 1097 (1968) . The Supreme Court granted certiorari, vacated our judgment, and remanded the case to this Court with instructions to remand it to the Board for further consideration, in the light of NLRB v. Gissel Packing Co., 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969) . See Atlas Engine Works Inc. v. NLRB, 395 U.S. 828 , 89 S.Ct. 2125 , 23 L.Ed.2d 737 (1969). We complied with the instructions and remanded the case to the Board “for further proceedings”, 414 F.2d 351 .

*362

In a Supplemental Decision and Order, the Board reconsidered its earlier decision and reaffirmed its order.

The remand by the Supreme Court and this Court did not vacate the previous order of the Board or require it to grant a de novo hearing or to take additional evidence. The evidence previously taken by the Board was adequate to permit it to comply with the instructions of the Supreme Court. In our judgment, the Board did not err in denying petitioner’s motion for leave to adduce additional evidence.

We are of the opinion that the Board fully complied with the instructions of the Supreme Court, and its Supplemental Decision and Order are correct.

It is therefore ordered, adjudged and decreed that the petition for review be denied, and that the Board’s Order be enforced in full.

Entered by Order of the Court.

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.

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