Case law

National Labor Relations Board v. Bell Oil & Gas Co.

98 F.2d 406 · Court of Appeals for the Fifth Circuit · Jul 29, 1938

Hearsay and non-expert-opinion evidence may not be used in this court as a basis to support the findings of .the Board upon which rests an order sought to be enforced. Cf. United States v. … Appalachian Electric Power Co. v. National Labor Relations Board, 4 Cir., 93 F.2d 985 . The petition to enforce the order of the Board is denied and the order, set aside. 1 National Labor Relations Board v.

Macktal v. Chao

286 F.3d 822 · Court of Appeals for the Fifth Circuit · Apr 8, 2002

See Harris v. Railroad Retirement Board, 3 F.3d 131, 133 (5th Cir. 1993). … Civil Aeronautics Board v. Delta Airlines, Inc., 367 U.S. 316, 321, 81 S.Ct. 1611, 1617 (1961). An agency’s inherent authority to reconsider its decisions is not unlimited.

National Labor Relations Board v. Russell Mfg. Co., Inc.

191 F.2d 358 · Court of Appeals for the Fifth Circuit · Sep 13, 1951

See Universal Camera Corp. v. N. L. R. B., 340 U.S. 474, 488 , 71 S.Ct. 456 ; N. L. R. B. v. Pittsburg Steamship Co., 340 U.S. 498 , 71 S.Ct. 453 . … The Board found a forced resignation.

National Labor Relations Board v. Atlantic Towing Co.

180 F.2d 726 · Court of Appeals for the Fifth Circuit · Apr 10, 1950

withdrawing the last two paragraphs in our opinion, which was rendered January 30, 1950, and inserting in place thereof the following two paragraphs: “Upon the record as a whole, there was no substantial evidence to warrant the Board … The Board drew the inference from the undisputed facts that Hendrix made ‘an unintentional or perhaps negligent misstatement of facts.’ It is admitted that the statement was false.

Lee v. MacOn County Board of Education

475 F.2d 748 · Court of Appeals for the Fifth Circuit · Feb 27, 1973

BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges. … Lee v. City of Troy Board of Education, 5 Cir., 1970, 432 F.2d 819 .

St. John Dixon v. Alabama State Board of Education

294 F.2d 150 · Court of Appeals for the Fifth Circuit · Aug 4, 1961

Dixon v. Alabama State Board of Education, supra, 186 F.Supp. at pages 950-952. … See Slochower v. Board of Education, 1956, 350 U.S. 551, 555 , 76 S.Ct. 637 , 100 L.Ed. 692 ; Wieman v.

National Labor Relations Board v. Bell Oil & Gas Co.

91 F.2d 509 · Court of Appeals for the Fifth Circuit · Jul 21, 1937

& Laughlin Steel Corporation Case was the chief (National Labor Relations Board v. … Agwilines v. National Labor Relations Board (C.C.A.) 87 F.(2d) 146, 147 .

National Labor Relations Board v. Houston Chronicle Pub. Co.

211 F.2d 848 · Court of Appeals for the Fifth Circuit · Apr 9, 1954

See Martel Mills Corp. v. N. L. R. B., 4 Cir., 114 F.2d 624 ; N. L. R. B. v. Union Pacific Stages, 9 Cir., 99 F.2d 153 ; N. L. R. B. v. Grace Co., 8 Cir., 184 F.2d 126 ; 152 A.L.R. 149 , et seq. … Universal Camera Corp. v. N. L. R. B., 340 U.S. 474, 488 , 71 S.Ct. 456, 465 , 95 L.Ed. 456 .

National Labor Relations Board v. Golden Age Beverage Company

415 F.2d 26 · Court of Appeals for the Fifth Circuit · Jul 7, 1969

Most important is the wide discretion Congress has entrusted to the Board in its conduct and supervision of elections, N.L.R.B. v. … B. v.

National Labor Relations Board v. Postex Cotton Mills, Inc.

181 F.2d 919 · Court of Appeals for the Fifth Circuit · May 5, 1950

The Executive Board shall issue rules governing the conduct, activities, affairs, and the suspension and expulsion of local industrial unions. * * * ” The Supreme Court in Congress of Industrial Organization v. … Another ' example of similar judicial reference is found in American Federation of Labor v. Watson, 1946, 327 U.S. 582, 586 , 66 S.Ct. 761 , 90 L.Ed. 873 . See also, United States v. C. I.

United States v. Bossier Parish School Board

336 F.2d 197 · Court of Appeals for the Fifth Circuit · Aug 25, 1964

336 F.2d 197 UNITED STATES of America, Appellant, v. BOSSIER PARISH SCHOOL BOARD et al., Appellees. No. 20903. United States Court of Appeals Fifth Circuit. Aug. 25, 1964. … Before BROWN, MOORE 1 and GEWIN, Circuit Judges. PER CURIAM. 1 This case presents the identical issue disposed of in United States v.

General Motors Corporation v. National Labor Relations Board

222 F.2d 349 · Court of Appeals for the Fifth Circuit · May 13, 1955

The Board in its answer denied the alleged errors and prayed for enforcement. … B. v. Wiltse, 6 Cir. 188 F.2d 917 , certiorari denied, Ann Arbor Press v. N. L. R. B., 342 U.S. 859, 72 , S.Ct. 87, 96 L.Ed. 647 .

McWhiter Taylor v. Monroe County Board of Supervisors

421 F.2d 1038 · Court of Appeals for the Fifth Circuit · Jan 14, 1970

See particularly Reynolds v. Sims, 377 U.S. 533, 554 , 84 S.Ct. 1362 , 12 L.Ed.2d 506 (1964) and Allan v. State Board of Elections, 393 U.S. 544 , 89 S.Ct. 817 , 22 L.Ed.2d 1, 1967 (also cited as Fairley et al. v. … See Reynolds v. Sims, supra, Hodnett v.

California Gas Transport, Inc. v. National Labor Relations Board

507 F.3d 847 · Court of Appeals for the Fifth Circuit · Nov 7, 2007

Vallery Elec., Inc. v. N.L.R.B., 337 F.3d 446, 450 (5th Cir.2003) (quoting Valmont Indus., Inc. v. … See Bandag, Inc. v.

Shimon v. Sewerage & Water Bd. of New Orleans

565 F.3d 195 · Court of Appeals for the Fifth Circuit · Apr 8, 2009

.; ET AL., Plaintiffs, v. SEWERAGE & WATER BOARD OF NEW ORLEANS, Defendant–Third-Party Plaintiff–Appellant, v. … SMITH, ETC.; ET AL., Plaintiffs v. SEWERAGE & WATER BOARD OF NEW ORLEANS, Defendant–Third-Party Plaintiff–Appellant, v.

Farber v. Louisiana State Board of Medical Examiners

326 F. App'x 314 · Court of Appeals for the Fifth Circuit · Jun 8, 2009

Appellant now acknowledges that suit against the Board is barred by the Eleventh Amendment but argues that the district court should have permitted him to amend his complaint to include Board Members in their official capacities … Heedless of this order, the amended complaint did not name Board Members in their official capacities as defendants.

Frosty Morn Meats, Inc. v. National Labor Relations Board

296 F.2d 617 · Court of Appeals for the Fifth Circuit · Nov 30, 1961

B. v. Miami Coca-Cola Bottling Co., 5 Cir., 1955, 222 F.2d 341 . Once this burden is met, the primary function of determining the factual question lies with the Board. … B. v. C. & J. Camp, Inc., 5 Cir., 1954, 216 F.2d 113 .

Gullett Gin Co., Inc. v. National Labor Relations Board

179 F.2d 499 · Court of Appeals for the Fifth Circuit · Mar 18, 1950

On the authority of Republic Steel Corp. v. N. L. R. B., 311 U. S. 7 , 61 S.Ct. 77 , 85 L.Ed. 6 , we agree with respondent. We do not agree with the view of the majority in N. L. R. B. v. … Marshall Field & Co., 7 Cir., 129 F.2d 169 , that such a holding and order was a lawful and proper one for the Board to make. In the Per Curiam opinion of the Supreme Court, in Marshall Field & Co. v. N. L. R.

Alice Neilson Stephens v. Brown & Root, Inc.

455 F.2d 1383 · Court of Appeals for the Fifth Circuit · Feb 24, 1972

Finding ourselves in full agreement with the lower court’s determination that there were no issues of fact that Brown & Root communicated to its counsel all the facts bearing on the case of which it had knowledge or which

National Labor Relations Board v. Dallas City Packing Company

230 F.2d 708 · Court of Appeals for the Fifth Circuit · Feb 29, 1956

National Labor Relations Board v. Vulcan Forging Co., 6 Cir., 1951, 188 F.2d 927 . Analogous are the holdings of this court in National Labor Relations Board v. … Gulf Public Service Co., 5 Cir., 1941, 116 F.2d 852 , and National Labor Relations Board v. Mid-Co. Gasoline Co., 5 Cir., 1950, 183 F.2d 451 .