Opinion

McElrath Poultry Co. v. National Labor Relations Board

  • 494 F.2d 518
  • 86 L.R.R.M. (BNA) 2687
  • 1974 U.S. App. LEXIS 8482
Court
Court of Appeals for the Fifth Circuit
Filed
May 23, 1974
Status
Published
Cited by
1 cases
Authority
More cited than 51.4%

The opinion

PER CURIAM:

In this enforcement proceeding, with cross-petition for review, the NLRB acknowledges “. . . that disposition of the jurisdictional issue in the present case is controlled by this Court’s decision in Abbott Farms, Inc. v. N. L. R. B., 487 F.2d 904 (1973), in which, on similar facts, this Court found that the Board’s bargaining order was not entitled to enforcement because the employees in the certified unit were agricultural laborers.” 1

It nevertheless “. . . adheres to its position that employees like those in the present case are employees covered by the National Labor Relations Act ., and are not exempted from that coverage as agricultural laborers under Section 3(f) of the Fair Labor Standards Act . . . and Section 2(3) of the Act.”

The Board lacks jurisdiction. 2 Enforcement denied.

. Two of the employees involved were primarily truck drivers, as in Abbott. One was a full-time mechanic who maintained the trucks. “By a parity of reasoning, those employees who repair the mechanical imx>lements used in farming are also included within the agricultural exemption.” Maneja v. Waialua Agricultural Co., 349 U.S. 254, 263 , 75 S.Ct. 719, 725 , 99 L.Ed. 1040 (1955).

. Abbott Farms, Inc. v. N. L. R. B., 487 F. 2d 904 (5th Cir. 1973) ; N. L. R. B. v. Victor Ryckebosch, Inc., 471 F.2d 20 (9th Cir. 1972) ; N. L. R. B. v. Strain Poultry Farms, Inc., 405 F.2d 1025 (5th Cir. 1969) ; Mitchell v. Georgia Broiler Supply, Inc., 186 F. Supp. 341 (N.D.Ga.1960).

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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