Opinion

Rock-Hill-Uris, Inc. v. McLeod

  • 344 F.2d 697
Court
Court of Appeals for the Second Circuit
Filed
Apr 20, 1965
Status
Published
Cited by
5 cases
Authority
More cited than 63.7%

The opinion

PER CURIAM:

The plaintiffs, in this action to enjoin a representation election, have failed to establish a direct violation of the specific prohibition in Section 9(b) (3) of the National Labor Relations Act, 29 U.S.C. § 159 (b)(3), which bars the National Labor Relations Board from certifying any labor organization “as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.” The District Court therefore properly dismissed the complaint for lack of subject matter jurisdiction, for the reasons stated in Judge Wein-feld’s opinion, reported at 236 F.Supp. 395 (S.D.N.Y.1964). See Leedom v. Kyne, 358 U.S. 184 , 79 S.Ct. 180 , 3 L.Ed. 2d 210 (1958); Boire v. Greyhound Corp., 376 U.S. 473, 481 , 84 S.Ct 894 , 11 L.Ed. 2d 849 (1964); Local 130, I. U. E. W. v. McCulloch, 345 F.2d 90 (D.C.Cir. March 25, 1965); Boire v. Miami Herald Publishing Co., 343 F.2d 17 (5 Cir. March 11, 1965).

Affirmed.

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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