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

> Court of Appeals for the Fifth Circuit · August 25, 1960 · 281 F.2d 688

URL: https://www.frixlaw.com/law-library/cases/9447503

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PLANT CITY WELDING AND TANK COMPANY, Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 25, 1960
- **Citations:** 281 F.2d 688; 46 L.R.R.M. (BNA) 2855; 1960 U.S. App. LEXIS 3803
- **Precedential status:** Published
- **Opinion:** Concurrence by Rives
- **Judges:** Per Curiam, Rives, Simpson, Tuttle
- **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/9447503

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9447503. Public record. Not legal advice.