E. L. Realty Co. v. Connecticut State Board of Labor Relations

Connecticut Superior Court

E. L. Realty Co. v. Connecticut State Board of Labor Relations

164 A.2d 165, 22 Conn. Super. Ct. 132, 22 Conn. Supp. 132, 1955 Conn. Super. LEXIS 66

CourtConnecticut Superior Court

DecidedDecember 6, 1955

DocketFile No. 23270l

StatusPublished

This text of 164 A.2d 165 (E. L. Realty Co. v. Connecticut State Board of Labor Relations) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E. L. Realty Co. v. Connecticut State Board of Labor Relations, 164 A.2d 165, 22 Conn. Super. Ct. 132, 22 Conn. Supp. 132, 1955 Conn. Super. LEXIS 66 (Colo. Ct. App. 1955).

Pincite

Opinion

Devlin, J.

After a hearing before the defendant board, Local No. 453 of the International Alliance of Theatrical Employees and Moving Picture Machine Operators (A.P. of L.) was certified to be the *133 sole bargaining agent of the plaintiff’s employees. An appeal was taken from this action under § 7395 (4) of the 1949 Revision (General Statutes §31-109 [d]). This motion raises the question whether there was a “final order” within the meaning of the appe'al provision.

Is the certification of a bargaining agent by the board an order which is review able ¶ A review of the cases evidences a distinction between an order of the board restraining an unfair labor practice and a certification in representation proceedings. It is only when an unfair labor practice is involved that the right of review is given. American Federation of Labor v. National Labor Relations Board, 308 U.S. 401; National Labor Relations Board v. International Brotherhood of Electrical Workers, 308 U.S. 413; Timken-Detroit Axle Co. v. National Labor Relations Board, 197 F.2d 512; 2 Teller, Labor Disputes and Collective Bargaining, p. 1095. Such is not the situation here.

The motion is granted.

Free access — add to your briefcase to read the full text and ask questions with AI

Devlin, J.

After a hearing before the defendant board, Local No. 453 of the International Alliance of Theatrical Employees and Moving Picture Machine Operators (A.P. of L.) was certified to be the *133 sole bargaining agent of the plaintiff’s employees. An appeal was taken from this action under § 7395 (4) of the 1949 Revision (General Statutes §31-109 [d]). This motion raises the question whether there was a “final order” within the meaning of the appe'al provision.

Is the certification of a bargaining agent by the board an order which is review able ¶ A review of the cases evidences a distinction between an order of the board restraining an unfair labor practice and a certification in representation proceedings. It is only when an unfair labor practice is involved that the right of review is given. American Federation of Labor v. National Labor Relations Board, 308 U.S. 401; National Labor Relations Board v. International Brotherhood of Electrical Workers, 308 U.S. 413; Timken-Detroit Axle Co. v. National Labor Relations Board, 197 F.2d 512; 2 Teller, Labor Disputes and Collective Bargaining, p. 1095. Such is not the situation here.

The motion is granted.

Cite This Page — Counsel Stack

Bluebook (online)

164 A.2d 165, 22 Conn. Super. Ct. 132, 22 Conn. Supp. 132, 1955 Conn. Super. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-l-realty-co-v-connecticut-state-board-of-labor-relations-connsuperct-1955.

Opinion

Related

Cite This Page — Counsel Stack