Opinion

Southern Moldings, Inc. v. National Labor Relations Board

  • 728 F.2d 805
  • 115 L.R.R.M. (BNA) 3325
  • 1984 U.S. App. LEXIS 24717
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 8, 1984
Status
Published
Author
Krupansky
On the bench
Lively, Edwards, Engel, Keith, Merritt, Kennedy, Martin, Jones, Contie, Krupansky, Wellford
Cited by
15 cases
Authority
More cited than 25.4%

“We now conclude that we lack jurisdiction of this question ... because this specific issue was not raised before the Board prior to its decision, or upon reconsideration.”

How later courts described this case

  • “We now conclude that we lack jurisdiction of this question ... because this specific issue was not raised before the Board prior to its decision, or upon reconsideration.”
  • “For the same basic reasons stated by the panel decision, we find substantial evidence in the record to support the Board’s unfair labor practices findings and conclusions.”

Written by the judges who cited it.

Distinguished

  • Distinguished by Awrey Bakeries, Inc. v. National Labor Relations Board, 59 F. App'x 690 (2003)

    Id. Both cases are readily distinguishable because they involve issues never raised to the Board.
    Court of Appeals for the Sixth CircuitFeb 25, 2003Read it

The opinion

KRUPANSKY, Circuit Judge,

concurring in part and dissenting in part.

I agree with the majority that pursuant to Woelke Romero Framing, Inc. v. N.L.R.B., 456 U.S. 645 , 102 S.Ct. 2071 , 72 L.Ed.2d 398 (1982), this court is without jurisdiction to review the Board’s compliance with the Supreme Court mandate *807 enunciated in N.L.R.B. v. Gissel, 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969) in imposing the contested bargaining order in this case because the petitioner failed to assert this issue during the proceedings before the Board. I further concur with the majority that this Court has jurisdiction to review the Board’s determination that Southern Moldings Inc. committed the unfair labor practices with which it was charged and that the administrative record incorporates substantial evidence to support the Board’s conclusion that Southern Moldings Inc. violated the Act.

I write separately because I am not in accord with the obiter dictum contained in the majority opinion’s penultimate sentence namely that the United States v. Gissel criteria was satisfied. Having initially concluded that this very issue was beyond the court’s authority to review in light of the pronounced jurisdictional defect it is inappropriate for the court to thereafter comment on the merits of the assignment of error which was improperly submitted for appellate review.

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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