Case law

National Labor Relations Board v. El Paso Electric Co.

133 F.2d 168 · Court of Appeals for the Fifth Circuit · Jan 27, 1943

The National Labor Relations Board has petitioned us to hold El Paso Electric Company in contempt of our decree rendered June 20, 1941, enforcing an order of the Board against the company. … At the instance of a rival union the Board instituted this contempt proceeding.

Davis v. Board of School Commissioners of Mobile County

483 F.2d 1017 · Court of Appeals for the Fifth Circuit · Aug 27, 1973

Duval County School Board, 5 Cir., 1971, 447 F.2d 1330 , Lee v. Macon County Board of Education, 5 Cir., 1971, 448 F.2d 746 . … Lee v. Macon County Board of Education (Conecuh County), 5 Cir., 1973, 482 F.2d 1253 ; Hines v. Rapides Parish School Board, 5 Cir., 1973, 479 F.2d 762 .

Parrish v. Board of Commissioners of Alabama State Bar

533 F.2d 942 · Court of Appeals for the Fifth Circuit · Jun 21, 1976

The remaining issues on appeal were remanded by the Court en banc to the original panel for further consideration, Parrish, et al, etc. v. Board of Commissioners, et al., 524 F.2d 98 (5th Cir. 1975). … In its order, the trial court said: “No factual issue is involved herein, and the Defendants argue, and are supported by Feldman v. Board of Bar Examiners, 438 F.2d 699, 703 (8th Cir. 1971), and Harris v.

Brown v. Dretke

184 F. App'x 384 · Court of Appeals for the Fifth Circuit · Jun 6, 2006

Brown also contends that he is entitled to relief because the board retroactively applied 1995 procedures in denying him parole. … See, e.g., Finley v. Staton, 542 F.2d 250, 250 (5th Cir. 1976). Accordingly, Brown is not entitled to § 1983 relief on this claim.

National Labor Relations Board v. Welfed Catfish, Inc.

674 F.2d 1076 · Court of Appeals for the Fifth Circuit · May 6, 1982

The Board’s findings deserve respect but do not command submission. We must make our own assessment of the reasonableness and fairness of the Board’s conclusions. NLRB v. … Brown, 380 U.S. 278, 290-92 , 85 S.Ct. 980, 987-89 , 13 L.Ed.2d 839, 847-850 (1965); Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456, 465 , 95 L.Ed. 456, 467 (1951); Dow Chem. Co. v.

John H. Robbins v. United States Railroad Retirement Board

594 F.2d 448 · Court of Appeals for the Fifth Circuit · May 4, 1979

Kennedy, 416 U.S. 134 , 94 S.Ct. 1633 , 40 L.Ed.2d 15 (1974) (Powell, J., concurring); Board of Regents v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972); Goldberg v. Kelly, supra. … The Board is entitled, as is any federal agency, to a substantial degree of judicial deference in the interpretation of the statute under which it operates. Railroad Retirement Board v.

Transportation Enterprises, Inc. v. National Labor Relations Board

630 F.2d 421 · Court of Appeals for the Fifth Circuit · Nov 14, 1980

See Meyer Dairy, Inc. v. National Labor Relations Board, 10 Cir., 429 F.2d 697 , and National Labor Relations Board v. Magnesium Casting Company, 1 Cir., 427 F.2d 114 . … We are cited to N.L.R.B. v. Pease, 279 F.2d 135 (2d Cir. 1960), and N.L.R.B. v.

Magnolia Petroleum Co. v. National Labor Relations Board

200 F.2d 148 · Court of Appeals for the Fifth Circuit · Dec 2, 1952

B. v. Fulton Bag & Cotton Mills, 5 Cir., 175 F.2d 675 ; 29 U.S.C.A. § 160 (c); N. D. R. B. v. Bibb Mfg. Co., 5 Cir., 188 F.2d 825 ; N. L. R. B. v. Supreme Bedding Mfg. Co., 5 Cir., 195 F. 2d 997 ; N. L. R. B. v. … B. v. International Furniture Co., 5 Cir., 199 F.2d 648 .

Trailmobile Division, Pullman Incorporated v. National Labor Relations Board

379 F.2d 419 · Court of Appeals for the Fifth Circuit · Jun 21, 1967

In making such determinations which involve the consideration of subtle gradations of authority, the Board is accorded considerable discretion. See NLRB v. Belcher Towing Co., 284 F.2d 118, 120 (5th Cir. 1960); NLRB v. … See e. g., NLRB v. Gary Aircraft Corp., 368 F.2d 223 (5th Cir. 1966); NLRB v. Big Three Welding Equipment Co., 359 F.2d 77, 80-81 (5th Cir. 1966); NLRB v. Bama Co., supra, 353 F.2d at 322 ; NLRB v.

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

116 F.2d 274 · Court of Appeals for the Fifth Circuit · Dec 14, 1940

The Labor Board filed a proceeding in the Tenth Circuit to enforce the order. … The petition to review was filed in this court before the Labor Board filed its proceeding in the Tenth Circuit but that is immaterial. The record has been filed there by the Labor Board.

National Labor Relations Board v. Hondo Drilling Company, N.S.L.

525 F.2d 864 · Court of Appeals for the Fifth Circuit · Feb 26, 1976

AINSWORTH, Circuit Judge: This case and a companion case, National Relations Board v. A. W. Thompson, Inc., 5 Cir. 1975, 525 F.2d 870 , were consolidated for purposes of argument on appeal. … The Board found the Company in violation of the Act, and its order directing the Company to bargain was upheld by this Court in N.L.R.B. v.

J. Vallery Electric, Inc. v. National Labor Relations Board

337 F.3d 446 · Court of Appeals for the Fifth Circuit · Jul 1, 2003

. § 160(e); Southport Petroleum Co. v. … Areas Pension Fund v.

Reading & Bates, Inc. v. National Labor Relations Board

403 F.2d 9 · Court of Appeals for the Fifth Circuit · Jan 15, 1969

Brown, 1965, 380 U.S. 278 , 85 S.Ct. 980 , 13 L.Ed.2d 839 ; American Shipbuilding Co. v. NLRB, 1965, 380 U.S. 300 , 85 S.Ct. 955 , 13 L.Ed.2d 855 ; NLRB v. Neuhoff Bros. Packers, Inc., 5 Cir. 1968, 398 F.2d 640 . … Universal Camera Corp. v.

National Labor Relations Board v. Piedmont Cotton Mills

179 F.2d 345 · Court of Appeals for the Fifth Circuit · Jan 30, 1950

Petitioning for enforcement of its order, 1 the board i'S here, by brief, appendix, and oral argument, insisting that the order is supported by its findings, of unfair labor practices, its findings, by facts of record, and … We must take the law as it is written and laid down and, if the evidence, taken as a whole, supports the findings, the facts as they have been found by the board.

BOARD OF COM'RS FOR BURAS LEVEE DIST. v. Cockrell

91 F.2d 412 · Court of Appeals for the Fifth Circuit · Jul 3, 1937

The reasons assigned constitute a lengthy opinion, reported in Board of Com’rs v. Mt. Forest Fur Farms, 178 La. 696 , 152 So. 497, 504 . … Puritan Co. v.

National Labor Relations Board v. Dredge Operators, Inc.

19 F.3d 206 · Court of Appeals for the Fifth Circuit · Apr 21, 1994

Co. v. … Dowd v.

National Labor Relations Board v. Mid-Co Gasoline Co.

172 F.2d 974 · Court of Appeals for the Fifth Circuit · Feb 16, 1949

B. v. Jones & Laughlin Steel Corporation, supra; Consolidated Edison Co. v. N. L. R. B., supra. … Pueblo Gas and Fuel Company v. N. L. R. B., 10 Cir., 118 F.2d 304 . It has aláo been held in N. L. R. B. v.

Gulf States Manufacturers, Inc. v. National Labor Relations Board

579 F.2d 1298 · Court of Appeals for the Fifth Circuit · Sep 15, 1978

Indeed, we stated in National Labor Relations Board v. … The Board erred in its decision on these questions. We held in NLRB v.

Andrew L. Mannings, a Minor, by His Father and Next Friend, Willie Mannings v. The Board of Public Instruction of Hillsborough County, Florida

427 F.2d 874 · Court of Appeals for the Fifth Circuit · Jun 2, 1970

. * * * It was such dual systems, organized and operated by the states acting through local school boards and school officials, which were held unconstitutional in Brown v. … Board of Education, 1954, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (Brown I), and which were ordered abolished in Brown v. Board of Education, 1955, 349 U.S. 294 , 75 S.Ct. 753 , 99 L.Ed. 1083 (Brown II).

National Labor Relations Board v. Benton and Company, Inc.

313 F.2d 629 · Court of Appeals for the Fifth Circuit · Feb 6, 1963

The Board seeks enforcement of its order. The respondent and the Board have stipulated that the respondent does not contest the validity of the Board’s order except as to its jurisdiction over the respondent. … B. v. Reliance Fuel Oil Corporation, 83 S.Ct. 312 .