Opinion

Service, Hospital, Nursing Home and Public Employees Union Local 47 v. Cleveland Tower Hotel, Inc.

  • 606 F.2d 684
  • 102 L.R.R.M. (BNA) 2405
  • 1979 U.S. App. LEXIS 11586
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 26, 1979
Status
Published
Author
Edwards
On the bench
Edwards, Celebrezze, Lively
Cited by
11 cases
Authority
More cited than 25.2%

No jurisdiction under § 301 where there was no employer-employee relationship between defendants and plaintiff union’s employees

How later courts described this case

  • No jurisdiction under § 301 where there was no employer-employee relationship between defendants and plaintiff union’s employees

Written by the judges who cited it.

The opinion

EDWARDS, Chief Judge,

concurring.

The equities in this case appear to me to favor plaintiffs. It is equally clear, however, that Supreme Court case law, particularly NLRB v. Burns International Security Services, 406 U.S. 272 , 92 S.Ct. 1571 , 32 L.Ed.2d 61 (1972), and Howard Johnson Co. v. Detroit Local Joint Executive Board, 417 U.S. 249 , 94 S.Ct. 2236 , 41 L.Ed.2d 46 (1974), lends strong legal support to the defendants. The result which Judge Celebrezze has written for appears to be mandated by the Burns and Howard Johnson cases, and I concur in his opinion.

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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