Opinion

National Labor Relations Board v. Plant City Welding and Tank Company

281 F.2d 688
46 L.R.R.M. (BNA) 2855
1960 U.S. App. LEXIS 3803

Court: Court of Appeals for the Fifth Circuit
Filed: Aug 25, 1960
Status: Published
Author: Rives
On the bench: Per Curiam, Rives, Simpson, Tuttle
Cited by: 3 cases
Authority: More cited than 24.7%

The opinion

RIVES, Chief Judge

(specially concurring).

I am in agreement with the carefully expressed views of the First Circuit in Editorial “El Imparcial,” Inc. v. N. L. R. B., 1960, 278 F.2d 184 . The distinction between that case and this is, I think, that in this case the employer did and in that case it did not “make [a] direct challenge to the Board’s jurisdiction so as to place on the Board the duty of putting in evidence of compliance by the Union.” 278 F.2d at page 187 . I concur in the per curiam order to the extent that the sufficiency of the filings pursuant to Sections 9(f) and (g), 29 U.S.C.A. § 159 (f, g) should be disclosed in the record certified to this Court.

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