Case law

National Labor Relations Board v. Sac Construction Company, Inc.

603 F.2d 1155 · Court of Appeals for the Fifth Circuit · Oct 4, 1979

Hinson v. NLRB, 428 F.2d 133, 137 (8th Cir. 1970); see NLRB v. Katz, 369 U.S. 736 , 82 S.Ct. 1107 , 8 L.Ed.2d 230 (1962). … The Board erred in failing to determine majority status as of that date. Majority support is not a constant factor, and with it changes the duty to bargain. Cf. Brooks v.

Winkley v. Blackwell

Court of Appeals for the Fifth Circuit · May 8, 2025

But see Ambler v. … (quoting Cooper v. Brown, 844 F.3d 517, 522 (5th Cir. 2016))). 15 Melton, 875 F.3d at 261. 16 Argueta v. Jaradi, 86 F.4th 1084, 1088 (5th Cir. 2023) (citing Poole v.

National Labor Relations Board v. May Aluminum, Incorporated

376 F.2d 838 · Court of Appeals for the Fifth Circuit · May 8, 1967

Respondent contends that the record before the Board considered as a whole fails to support the Board’s conclusions that respondent was guilty of violations of the Act. … This is a function of the Trial Examiner and of the Board.

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

253 F.3d 203 · Court of Appeals for the Fifth Circuit · Jun 19, 2001

Monotech of Miss. v. NLRB, 876 F.2d 514, 516 (5th Cir.1989). … Corp. v. NLRB, 35 F.3d 621, 625 (1st Cir.1994).

National Labor Relations Board v. American Art Industries, Inc.

415 F.2d 1223 · Court of Appeals for the Fifth Circuit · Nov 20, 1969

B. v. … B. v.

Wright v. Board of Public Instruction

148 F.2d 367 · Court of Appeals for the Fifth Circuit · Apr 6, 1945

Turner, as Trustee v. Board of Public Instruction of Broward County, 5 Cir., 75 F.2d 147 ; Roberts v. Board of Public Instruction for the County of Broward, 5 Cir., 112 F.2d 459 ; Roberts v. … Board of Public Instruction for the County of Broward, 5 Cir., 117 F.2d 943 ; Wright v. Board of Public Instruction for the County of Broward, 5 Cir., 142 F.2d 577 .

National Labor Relations Board v. Universal Cigar Corporation

425 F.2d 867 · Court of Appeals for the Fifth Circuit · Jul 7, 1970

That determination was largely a matter of evaluating the credibility of witnesses, a function of the Board, Universal Camera Corp. v. … NLRB, 1951, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 ; Great Atlantic and Pacific Tea Co. v. NLRB, 5 Cir., 1966, 354 F.2d 707 .

United States v. W. Henderson Bruce

353 F.2d 474 · Court of Appeals for the Fifth Circuit · Nov 16, 1965

This section of the statute was before this Court earlier in the case of United States v. Board of Education of Greene County, Miss., 5 Cir., (1964), 332 F.2d 40 . … In the case of United States v.

National Labor Relations Board v. Bemis Bro. Bag Co.

206 F.2d 33 · Court of Appeals for the Fifth Circuit · Aug 6, 1953

B. v. … This reasoning also underlies the decisions in Inland Steel Co. v. N. L. R. B., 7 Cir., 170 F.2d 247 , 12 A.L.R.2d 240 , and W. W. Cross & Co. v. N. L. R.

National Labor Relations Board v. American Thread Co.

204 F.2d 169 · Court of Appeals for the Fifth Circuit · May 6, 1953

When this petition 'for enforcement was originally before us 1 there was no occasion to discuss the merits of the Board’s decision for, following the decision in N. L. R. B. v. … We find no occasion to disturb his finding or the Board’s approval of it.

McAx Sign Company, Inc. v. National Labor Relations Board

576 F.2d 62 · Court of Appeals for the Fifth Circuit · Jul 10, 1978

B. v. … The Board has repeatedly held that withdrawal from a multi-employer bargaining unit is untimely if attempted after the *68 commencement of negotiations. See, e. g., N. L. R. B. v.

National Labor Relations Board v. Buddy Schoellkopf Products, Inc.

410 F.2d 82 · Court of Appeals for the Fifth Circuit · Jun 20, 1969

B. v. McGahey, 5 Cir. 1956, 233 F.2d 406 . We find, however, that there was substantial evidence on the record as a whole to support the Board’s conclusion as to this employee. … B. v. Dixie Gas Co., 5 Cir. 1963, 323 F.2d 433 ; N. L. R. B. v. Camco, Inc., 5 Cir. 1965, 340 F.2d 803 .”

National Labor Relations Board v. Southern Metal Service, Inc.

606 F.2d 512 · Court of Appeals for the Fifth Circuit · Nov 9, 1979

Section 9(c)(5) was not intended to prohibit the Board from weighing the extent of organization as a factor in its unit determination. NLRB v. … Texas Pipe Line Co. v. NLRB, 296 F.2d 208, 213 (5th Cir. 1961). The Board has in other cases weighed the willingness of the petitioning union to represent truck drivers as part of the unit. American Bread Co. v.

Steves Sash & Door Company v. National Labor Relations Board

401 F.2d 676 · Court of Appeals for the Fifth Circuit · Oct 3, 1968

Brown, 1965, 380 U.S. 278, 286 , 85 S.Ct. 980, 985 , 13 L.Ed. 2d 839 . … NLRB v. Jackson Tile Mfg. Co., 5th Cir. 1960, 282 F.2d 90, 92 . 4 The Board’s order is enforced as to Willis Miller. Elida Cantu.

United States v. Brown

Court of Appeals for the Fifth Circuit · Feb 10, 2026

Per Curiam: * The attorney appointed to represent Renald Antae Brown has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. … Brown has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein.

Heirs of Burat v. Board of Levee Commissioners

496 F.2d 1336 · Court of Appeals for the Fifth Circuit · Jul 15, 1974

The Levee Board, claims ownership through this expropriation and the other defendants claim leasehold interests from the Levee Board. … In Chouteau v.

Brewton Fashions, Inc. v. National Labor Relations Board

361 F.2d 8 · Court of Appeals for the Fifth Circuit · May 10, 1966

For these reasons, the Board’s finding was clearly proper. NLRB v. Newton, 5th Cir. 1954, 214 F.2d 472, 475 ; NLRB v. Fred P. … The order of the Board is enforced. .

National Labor Relations Board v. American Thread Company

188 F.2d 161 · Court of Appeals for the Fifth Circuit · Apr 20, 1951

The motion is granted, with recognition of the fact that respondent does not resist, ■but claims to be in compliance with, the Board’s order. … The decree to be entered here, therefore, will provide that whatever *162 the respondent has already done toward compliance with the order of the Board prior to entry of this Court’s decree will not be required to be redone

Harvest v. Board of Public Instruction Manatee County

429 F.2d 414 · Court of Appeals for the Fifth Circuit · Jun 26, 1970

See Carter v. West Feliciana Parish School Board, 396 U.S. 290, 292 , 90 S.Ct. 608 , 24 L.Ed.2d 477, 479 (1970) (concurring opinion of Mr. Justice Harlan).

United States v. Brown

Court of Appeals for the Fifth Circuit · Jul 25, 2025

Per Curiam: * The attorney appointed to represent Christopher Reinhard Brown has moved for leave to withdraw and has filed a brief in accordance with Anders v. … California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Brown has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein.