Case law

National Labor Relations Board v. Anvil Products, Inc.

496 F.2d 94 · Court of Appeals for the Fifth Circuit · Jun 26, 1974

Board member Kennedy dissented from the board’s decision to affirm the § 8(a) (5) violation. II. There is substantial evidence on the record as a whole, Universal Camera Corp. v. … Arbie Mineral Feed Co. v. NLRB, supra, 438 F.2d at 945 ; Daisy’s Originals, Inc. v. NLRB, supra; Fremont Newspapers, Inc. v. NLRB, supra. See also New Alaska Dev. Corp. v. NLRB, supra.

Swearingen Aviation Corporation v. National Labor Relations Board

568 F.2d 458 · Court of Appeals for the Fifth Circuit · Feb 27, 1978

To say that judicial review of Board decisions is limited does not mean that the balance struck by the Board is immune from judicial examination and reversal in proper cases. NLRB v. … Brown, 380 U.S. 278, 290-91 , 85 S.Ct. 980, 987-988 , 13 L.Ed.2d 839, 848-49 (1965).

National Labor Relations Board v. Purnell's Pride, Inc.

609 F.2d 1153 · Court of Appeals for the Fifth Circuit · Jan 15, 1980

NLRB v. … See also Packard Motor Car Co. v.

Johnny Brown, Jr., Etc. v. Dade Christian Schools, Inc., Etc.

581 F.2d 472 · Court of Appeals for the Fifth Circuit · Oct 4, 1978

Brown v. … Brown v. Dade Christian Schools, Inc., 556 F.2d at 311 .

National Labor Relations Board v. International Broadcasting Co.

209 F.2d 912 · Court of Appeals for the Fifth Circuit · Feb 12, 1954

The entire problem of the substantiality of evidence was discussed in Universal Camera Corp. v. N. L. R. B., 340 U.S. 474 , 71 S. … B. v. Pittsburgh Steamship Co., 340 U.S. 498 , 71 S. Ct. 453 , 95 L.Ed. 479 . Accordingly, we think the petition to enforce the order of the board should bo denied. It is so ordered. Denied.

Sewell Hats, Inc. v. National Labor Relations Board

143 F.2d 450 · Court of Appeals for the Fifth Circuit · Jul 6, 1944

National Labor Relations Board v. Richter’s Bakery, 5 Cir., 140 F.2d 870 ; Humble Oil & Refining Co. v. N.L.R.B., 5 Cir., 140 F.2d 777 ; National Labor Relations Board v. Brown Paper Mill Co., 5 Cir., 133 F.2d 988 ; H. … Heinz Co. v. N.L.R.B., 311 U.S. 514 , 61 S.Ct. 320 , 85 L.Ed. 309 ; National Labor Relations Board v. Alco Feed Mills, 5 Cir., 133 F.2d 419 .

Ken-Lee, Inc. v. National Labor Relations Board

311 F.2d 608 · Court of Appeals for the Fifth Circuit · Feb 11, 1963

With the principles of Universal Camera Corp. v. N. L. R. … B. v. Coats & Clark, Inc., 241 F.2d 556 (5th Cir.); N. L. R. B. v. Fox Manufacturing Company, 238 F.2d 211 (5th Cir.); Stokely Foods, Inc. v. N. L. R. B., 193 F.2d 736 (5th Cir.); N. L. R. B. v.

National Labor Relations Board v. May Aluminum, Inc.

398 F.2d 47 · Court of Appeals for the Fifth Circuit · Jun 20, 1968

May Department Stores Co. v. N.L.R.B., 326 U.S. 376, 385 , 66 S.Ct. 203, 209 , 90 L.Ed. 145 ; N.L.R.B. v. Katz, 369 U.S. 736 , 82 S.Ct. 1107 , 8 L.Ed.2d 230 ; N.L.R.B. v. J. H. … It is the function of the Trial Examiner and of the National Labor Relations Board rather than this Court to pass upon the credibility of witnesses, N.L.R.B. v. May Aluminum, Inc., 5 Cir., 376 F.2d 838 (1967).

Smith v. Railroad Retirement Board

572 F.2d 318 · Court of Appeals for the Fifth Circuit · Apr 17, 1978

572 F.2d 318 Smith v. Railroad Retirement Board * No. 77-2454 United States Court of Appeals, Fifth Circuit 4/17/78 1 Railroad Ret. … .; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409 *** Opinion contains citation(s) or special notations

White Ex Rel. White v. Ascension Parish School Board

343 F.3d 373 · Court of Appeals for the Fifth Circuit · Aug 13, 2003

Board of Educ. v. Rowley, 458 U.S. 176, 206-07 (1982). “If these requirements are met, the State has complied with the obligations imposed by Congress and the courts can require no more.” … Schuldt v. Mankato Indep. Sch. Dist.

Margaret M. Johnson v. Jackson Parish School Board

423 F.2d 1055 · Court of Appeals for the Fifth Circuit · Mar 25, 1970

On January 14, 1970, the Supreme Court reversed Singleton insofar as it deferred student desegregation beyond February 1, 1970, Carter et al. v. … The Board technically desegregated the schools. However, the Board has maintained a dual system of classes within the schools.

Thomas F. Davenport, Sr. v. Railroad Retirement Board

453 F.2d 185 · Court of Appeals for the Fifth Circuit · Jan 6, 1972

SIMPSON, Circuit Judge: The Railroad Retirement Board (Board) denied the application of Thomas F. … Burke v. Railroad Retirement Board, 1949, 83 U.S.App.D. C. 40, 165 F.2d 24 .

National Labor Relations Board v. Stratford Furniture Corp.

202 F.2d 884 · Court of Appeals for the Fifth Circuit · Mar 20, 1953

The only questions presented for our determination are: (1) whether the Board properly found that the respondent discrim-inatorily denied leave to a union committee of four employees to attend a Board representation hearing … Stokely Foods, Inc. v. N. L. R. B., 5 Cir., 193 F.2d 736 ; N. L. R. B. v. Chautauqua Hardware Corp., 2 Cir., 192 F.2d 492 ; N. L. R. B. v. Aleo Feed Mills, 5 Cir., 133 F.2d 419, 421 .

Anchortank, Inc. v. National Labor Relations Board

601 F.2d 233 · Court of Appeals for the Fifth Circuit · Aug 24, 1979

Electrical Workers v. Labor Board, 366 U.S. 667, 673 , 81 S.Ct. 1285, 1289-1290 , 6 L.Ed.2d 592 (1961) citing NLRB v. International Rice Milling, 341 U.S. 665 , 71 S.Ct. 961 , 95 L.Ed. 1277 (1951). … E.g., Linbeck Construction Corp. v. NLRB, 550 F.2d 311 (5 Cir. 1977); Ramey Construction Co. v. Painter’s Local 544, 472 F.2d 1127 (5 Cir. 1973); Markwell & Hartz, Inc. v.

Superior Derrick Corp. v. National Labor Relations Board

273 F.2d 891 · Court of Appeals for the Fifth Circuit · Jan 21, 1960

BROWN, Circuit Judge. We have again the problem of § 8(b) (4) (A) and (B) Board orders concerning secondary picketing at a so-called common situs. 29 U.S.C.A. § 158 (b) (4) (A) and (B). … B. v.

William Eddie Mosley and Trave Levell Brown v. United States

285 F.2d 226 · Court of Appeals for the Fifth Circuit · Dec 23, 1960

That is the teaching of Krulewitch v. United States, supra, and Fiswick v. United States, supra.” Lutwak v. United States, 1953, 344 U.S. 604, 617, 618 , 73 S.Ct. 481, 489 , 97 L.Ed. 593 . See also Delli Paoli v. … United States, 1957, 352 U.S. 232, 237 , 77 S.Ct. 294 , 1 L.Ed.2d 278 ; Montford v. United States, 5 Cir., 1952, 200 F.2d 759, 760 ; Thompson v. United States, 5 Cir., 1955, 227 F.2d 671, 674 ; Panci v.

National Labor Relations Board v. Mooney Aircraft, Inc.

337 F.2d 605 · Court of Appeals for the Fifth Circuit · Oct 21, 1964

The critical issue of discriminatory motivation was essentially a ■factual controversy requiring credibility ■choices left to the Board. As in prior •cases, we find the evidence sufficient. … B. v. Mooney Aircraft, Inc., 5 Cir., 1964, 328 F.2d 426 ; Mooney Aircraft, Inc., 132 NLRB 1194 , enforced, N. L. R. B. v. Mooney Aircraft, Inc., 5 Cir., 1962, 310 F.2d 565 . Enforced.

Shirley Bivins v. Bibb County Board of Education, Etc., Oscar C. Thomie, Jr. v. Houston County Board of Education

424 F.2d 97 · Court of Appeals for the Fifth Circuit · Apr 16, 1970

Carter v. West Feliciana Parish School Board, 1970, 396 U.S. 290 , 90 S.Ct. 608 , 24 L.Ed.2d 477 [January 14]; Singleton v. … Hinds County School Board, 5 Cir. 1969, 417 F.2d 852 [November 7, 1969], and of Carter v. West Feliciana Parish School Board, 1970, 396 U.S. 290 , 90 S.Ct. 608 , 24 L.Ed.2d 477 [January 14] implemented in Singleton v.

National Labor Relations Board v. Imperial Bedding Company

519 F.2d 1073 · Court of Appeals for the Fifth Circuit · Sep 22, 1975

NLRB v. Hilton Mobile Homes, 8 Cir., 1967, 387 F.2d 7, 9 ; Collins Baking Co. v. NLRB, 5 Cir., 1951, 193 F.2d 483, 486 . … This Court is normally bound by the credibility choices of the ALJ adopted by the Board. Nabors v. NLRB, 5 Cir., 1963, 323 F.2d 686, 692 .

Birdie Mae Davis Er Al. v. Board of School Commissioners of Mobile County, Alabama

333 F.2d 53 · Court of Appeals for the Fifth Circuit · Jul 21, 1964

In its original order dated June 24, 1963, the District Court denied injunctive relief against the Board of School Commissioners as sought by the plaintiffs (appellants). Davis v. … Davis v. Board of School Com’rs of Mobile County, Ala. (5th Cir. 1963) 322 F.2d 356 . 2 . Brown v. Board of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954). See also the implementing decision. Brown v.