# Burr v. National Labor Relations Board

> Court of Appeals for the Fifth Circuit · July 18, 1963 · 321 F.2d 612

URL: https://www.frixlaw.com/law-library/cases/6925511

## Case

- **Full name:** Samuel H. BURR and Perfection Mattress & Spring Company v. NATIONAL LABOR RELATIONS BOARD, Respondent NATIONAL LABOR RELATIONS BOARD v. UNITED WHOLESALE AND WAREHOUSE EMPLOYEES, LOCAL 261, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO, Respondent UNITED WHOLESALE AND WAREHOUSE EMPLOYEES, LOCAL 261, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO v. NATIONAL LABOR RELATIONS BOARD
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 18, 1963
- **Citations:** 321 F.2d 612; 53 L.R.R.M. (BNA) 2800
- **Precedential status:** Published
- **Opinion:** Concurring in part by Rives
- **Judges:** Brown, Rives
- **Cited by:** 3 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/6925511

## Opinion text

RIVES, Circuit Judge
(concurring in-part and dissenting in part).
1 agree with the Board’s Decision, but think that its Order should be made more explicit. Stated otherwise, I concur in the able opinion of my Brother Brown except that part holding that the consumer picket line constituted a violation of § 8(b) (4) (i) (B). I agree with the Board’s Supplemental Decision that the Union’s consumer picketing at the retail: *626 stores did not “induce or encourage” employees of those stores to engage in a strike or refusal within the meaning of § 8(b) (4) (i) (B). See United Wholesale & Warehouse Employees, Local 261 v. N. L. R. B., 1960, 108 U.S.App.D.C. 341 , 282 F.2d 824 ; N. L. R. B. v. General Drivers, Warehouse & Helpers, Local 968, 5 Cir. 1955, 225 F.2d 205 , 210, 211.
I therefore concur in part and dissent in part.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6925511. Public record. Not legal advice.