Case law

National Labor Relations Board v. Cherry Cotton Mills

98 F.2d 1021 · Court of Appeals for the Fifth Circuit · Sep 20, 1938

The petition for rehearing on -the order granting the motion of National Labor Relations Board to dismiss in the above numbered and entitled cause is denied.

United States v. Brown

Court of Appeals for the Fifth Circuit · Dec 17, 2025

Per Curiam:* Gamarian Donald Brown pleaded guilty to one count of possessing a firearm as a felon. See 18 U.S.C. § 922(g)(1). … Brown also argues that 18 U.S.C. § 922(g)(1) is unconstitutional as applied to him. He correctly concedes that this argument is foreclosed to him by our holdings in United States v.

National Labor Relations Board v. Clark & Lewis Co.

274 F.2d 817 · Court of Appeals for the Fifth Circuit · Feb 17, 1960

The Board properly concluded that respondent failed to bargain in good faith with the duly certified Union, thereby violating Section 8(a) (5) and (1) of said Act. Brooks v. … N.L.R.B., 1954, 348 U.S. 96 , 75 S.Ct. 176 , 99 L.Ed. 125 ; N.L.R.B. v. Sanson Hosiery Mills, 5 Cir., 1952, 195 F.2d 350 . The Board’s order is therefore Enforced.

National Labor Relations Board v. United Packinghouse Workers

274 F.2d 816 · Court of Appeals for the Fifth Circuit · Feb 9, 1960

But the record does not show an abuse of the Board’s discretion to determine whether it would be in the public interest to abandon a proceeding because of an asserted private settlement. See N. L. R. B. v. … “The Board was created not to adjudicate private controversies but to advance the public interest * * N. L. R. B. v.

McElrath Poultry Co. v. National Labor Relations Board

494 F.2d 518 · Court of Appeals for the Fifth Circuit · May 23, 1974

Maneja v. Waialua Agricultural Co., 349 U.S. 254, 263 , 75 S.Ct. 719, 725 , 99 L.Ed. 1040 (1955). . Abbott Farms, Inc. v. N. L. R. B., 487 F. 2d 904 (5th Cir. 1973) ; N. L. R. B. v. … B. v. Strain Poultry Farms, Inc., 405 F.2d 1025 (5th Cir. 1969) ; Mitchell v. Georgia Broiler Supply, Inc., 186 F. Supp. 341 (N.D.Ga.1960).

Ortiz v. Brown

105 F. App'x 607 · Court of Appeals for the Fifth Circuit · Aug 18, 2004

See Heck v. Humphrey, 512 U.S. 477, 486 (1994). … See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Ortiz has accumulated at least two other “strikes.” See Ortiz v. Fernald, No. 04-20186, 2004 WL 1372935 (5th Cir. June 18, 2004) (unpublished).

National Labor Relations Board v. Texas Natural Gasoline Corporation

253 F.2d 322 · Court of Appeals for the Fifth Circuit · Mar 18, 1958

We are asked to decree enforcement of the Board’s order. … National Labor Relations Act, Sec. 2(3), 29 U.S.C.A. § 152 (3); Phelps Dodge Corp. v. N.L.R.B., 313 U.S. 177 , 61 S.Ct. 845 , 85 L.Ed. 1271 , 133 A.L.R. 1217 ; N.L.R.B. v.

City of Gainesville v. Brown-Crummer Investment Co.

31 F.2d 1009 · Court of Appeals for the Fifth Circuit · Apr 23, 1929

On a previous hearing we affirmed a judgment in favor of appellee Brown-Crummer Investment Company and directed that the proceedings as between appellant and Head, executor, and the Southern Surety Company, be dismissed. … We are advised that the Commission of Appeals of Texas, in the ease referred to by the Supreme Court, Keel v.

General Electric Company v. National Labor Relations Board

443 F.2d 602 · Court of Appeals for the Fifth Circuit · May 18, 1971

See Mastro Plastics Corp. v. NLRB, 1956, 350 U.S. 270 , 76 S.Ct. 349 , 100 L.Ed. 309 ; Local Union No. 9735, UMW v. NLRB, 1958, 103 U.S.App.D.C. 294 , 258 F.2d 146 . … Local Union No. 9735, UMW v. NLRB, supra. 10 .

Fred Browning v. City of Odessa, Texas

990 F.2d 842 · Court of Appeals for the Fifth Circuit · May 17, 1993

Indeed, he must do so, for without a property interest in his employment, Browning had no right to procedural due process. Board of Regents v. … The United States Supreme Court decided in Cleveland Board of Education v.

Jane Doe v. Edgewood Indep School District

964 F.3d 351 · Court of Appeals for the Fifth Circuit · Jul 6, 2020

Co. v. … Specifically, a plaintiff must show deliberate indifference—that a 71 Brown 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.

Oil Transport Company v. National Labor Relations Board

440 F.2d 664 · Court of Appeals for the Fifth Circuit · Feb 25, 1971

In NLRB v. … In American Bread Co. 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 .

Bradley v. Board of Public Instruction of Pinellas County

431 F.2d 1377 · Court of Appeals for the Fifth Circuit · Jul 28, 1970

In keeping with the approach of Ellis v. Board of Public Instruction of Orange County, Florida, 5 Cir., 1970, 423 F.2d 203 ; Mannings v. … Board of Public Instruction of Hillsborough County, Florida, 5 Cir., 1970, 427 F.2d 874 ; and Davis v.

National Labor Relations Board v. Pape Broadcasting Company

217 F.2d 197 · Court of Appeals for the Fifth Circuit · Jan 28, 1955

217 F.2d 197 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. … Radio Officers' Union of Commercial Telegraphers Union, A.F.L. v. N.L.R.B., 347 U.S. 17 , 74 S.Ct. 323 ; Union Starch & Refining Co. v.

Board of Regents of State of Florida v. Califano

586 F.2d 451 · Court of Appeals for the Fifth Circuit · Dec 15, 1978

586 F.2d 451 BOARD OF REGENTS OF the STATE OF FLORIDA, acting for and on behalf of the University of Florida, Plaintiff-Appellee, v. Joseph A. … Before BROWN, Chief Judge, GODBOLD and FAY, Circuit Judges.

Southern Tours, Inc. v. National Labor Relations Board

401 F.2d 629 · Court of Appeals for the Fifth Circuit · Oct 7, 1968

This antiunion animus could properly be considered by the Board in determining that the discharge was motivated by Hutchens’ union activities. See NLRB v. O. A. … The Board has very broad discretion in vindicating the Act through him. Waterman S.S. Corporation v. NLRB, 5th Cir. 1941, 119 F.2d 760 .

Marcus Gordon v. Jefferson Davis Parish School Board

460 F.2d 1062 · Court of Appeals for the Fifth Circuit · Jun 7, 1972

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

598 F.2d 896 · Court of Appeals for the Fifth Circuit · Jul 10, 1979

The courts have applied the same test to determine when the Board may go behind an informal settlement agreement. NLRB v. Arrow Specialties, Inc., 437 F.2d 522, 526 (CA8, 1971); NLRB v. … Similarly in NLRB v.