Opinion

Milk Drivers & Dairy Employees Local Union No. 338 v. National Labor Relations Board

245 F.2d 817

Court: Court of Appeals for the Second Circuit
Filed: Jun 19, 1957
Status: Published
Author: Swan
On the bench: Clark, Pope, Swan
Cited by: 1 cases
Authority: More cited than 16.7%

The opinion

SWAN, Circuit Judge

(concurring).

I concur in the result. The Board recognizes that the orders are opposed to our decision in Rabouin v. N. L. R. B., 2 Cir., 195 F.2d 906 and asks us to reconsider it. I am unwilling to reconsider a problem so recently passed upon by this court and have not done so. Consequently I would deny enforcement and reverse the orders on the authority of the Rabouin case.

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