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

Connecticut Superior Court·Decided December 6, 1955·No. File No. 23270l·Published

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.

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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.

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

164 A.2d 165 (E. L. Realty Co. v. Connecticut State Board of Labor Relations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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