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

> Court of Appeals for the Second Circuit · June 19, 1957 · 245 F.2d 817

URL: https://www.frixlaw.com/law-library/cases/6914967

## Case

- **Full name:** MILK DRIVERS AND DAIRY EMPLOYEES LOCAL UNION NO. 338, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO v. NATIONAL LABOR RELATIONS BOARD, Respondent MILK DRIVERS AND DAIRY EMPLOYEES LOCAL UNION NO. 680, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO v. NATIONAL LABOR RELATIONS BOARD
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** June 19, 1957
- **Citations:** 245 F.2d 817
- **Precedential status:** Published
- **Opinion:** Concurrence by Swan
- **Judges:** Clark, Pope, Swan
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6914967

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6914967. Public record. Not legal advice.