Brief for the Respondent in Opposition — System Council T-4 v. National Labor Relations Board

Iu the Supreme Court of the United States

OCTOBER TERM, 1971

No. -71-646

SYSTEM COUNCIL T-4, PETITIONER

v.

NATIONAL LABOR RELATIONS BOARD

ON PETITION FOR A WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS FOR

THE SEVENTH CIRCUIT

MEMORANDUM FOR THE NATIONAL LABOR

RELATIONS BOARD IN OPPOSITION

We invite the attention of the Court to the follow-

ing facts, which show that the petition was filed out

of time:

The judgment of the court of appeals (Pet. App.

A2) was entered on July 19, 1971, and a petition for

rehearing was denied on August 11, 1971 (Pet. App.

Al). No extension of time for filing a petition for

certiorari was obtained, and the petition was not filed

(1)

eS

until November 11, 1971, 92 days after the court of

appeals denied a petition for rehearing. Since the

90-day period for filing a p..ition in 28 U.S.C. 2101

(c) is jurisdictional, the petition for a writ of cer-

tiorari should be denied. See Teague v. Regional Com- j

missioner of Customs, Region II, 394 U.S. 977; Seo-

field v. National Labor Relations Board, 394 US. ‘

423, 427; Williams v. United States, 400 U.S. 909.

Solicitor General.

General Counsel,

National Labor Relations Board.

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