# National Labor Relations Board v. Cosmopolitan Studios, Inc.

> Court of Appeals for the Second Circuit · June 9, 1961 · 291 F.2d 110

URL: https://www.frixlaw.com/law-library/cases/9447990

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COSMOPOLITAN STUDIOS, INC., Respondent
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** June 9, 1961
- **Citations:** 291 F.2d 110; 48 L.R.R.M. (BNA) 2398; 1961 U.S. App. LEXIS 4245
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Clark, Magruder, Moore
- **Cited by:** 6 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/9447990

## Opinion text

*113 CLARK, Circuit Judge
(concurring in the result).
While I am convinced that respondent had a right to withdraw from the Association at any time, this right did not justify respondent’s actions in ignoring the employees’ bargaining representative and in dealing directly with them. Accordingly, I would approve that portion of the Board's order which enjoins interference with the free choice of a bargaining representative, and would remand to the Board for consideration of additional relief permitting the Union to regain the status lost as a result of the refusal to bargain. But I do not object to the complete remand, since it will permit the Board to re-evaluate the situation in the light of present circumstances.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9447990. Public record. Not legal advice.