# National Labor Relations Board v. Gaynor News Co., Inc

> Court of Appeals for the Second Circuit · June 24, 1952 · 197 F.2d 719

URL: https://www.frixlaw.com/law-library/cases/9443324

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD v. GAYNOR NEWS CO., Inc.
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** June 24, 1952
- **Citations:** 197 F.2d 719; 30 L.R.R.M. (BNA) 2340; 1952 U.S. App. LEXIS 3689
- **Precedential status:** Published
- **Opinion:** Concurring in part by Chase
- **Judges:** Chase, Hand, Frank
- **Cited by:** 59 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/9443324

## Opinion text

CHASE
(concurring in part and dissenting in part).
I agree with my brothers that the unfair labor practices found were established by the evidence and differ with them only in that I would enforce the order as made by the Board. As was said in International Association of Machinists, etc., v. National Labor Relations Board, 311 U.S. 72, 82 , 61 S.Ct. 83, 89 , 85 L.Ed. 50 , “It is for the Board not the courts to determine how the effect of prior unfair labor practices may be expunged. National Labor Relations Board v. Pennsylvania Greyhound Lines, 303 U.S. 261, 271 , 58 S.Ct. 571, 576 , 82 L.Ed. 831 ; National Labor Relations Board v. Falk Corp., 308 U.S. 453, 461 , 60 S.Ct. 307, 311 , 84 L.Ed. 396 .” Indeed, it is not because the remedy itself is wrong but only because the Board has not acted upon • the union’s petition for certification, while the unfair labor practices of which the union is in part the beneficiary remain in *725 effect, that my brothers are withholding full enforcement. That seems to be such an unjustifiable interference with the power of the Board to exercise its sound discretion that I cannot subscribe to it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9443324. Public record. Not legal advice.