Memphis Moldings, Inc. v. National Labor Relations Board

Sixth Circuit

Memphis Moldings, Inc. v. National Labor Relations Board

341 F.2d 534, 58 L.R.R.M. (BNA) 2467, 1965 U.S. App. LEXIS 6411

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 26, 1965

Docket15830

StatusPublished

Cited by1 cases

This text of 341 F.2d 534 (Memphis Moldings, Inc. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Memphis Moldings, Inc. v. National Labor Relations Board, 341 F.2d 534, 58 L.R.R.M. (BNA) 2467, 1965 U.S. App. LEXIS 6411 (6th Cir. 1965).

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Opinion

PER CURIAM.

The National Labor Relations Board' found that the petitioner, Memphis Moldings, Inc., violated Section 8(a) (5) and (1) of the National Labor Relations Act by refusing to bargain with District 50,. United Mine Workers, hereinafter referred to as the Union, which was the certified representative of its employees.. The petitioner is engaged in the manufacture and sale of wood moldings and disappearing stairways. It seeks to set aside the order of the Board. The Board seeks enforcement of the order.

We are of the opinion that under-the particular and unusual circumstances of this case the Board properly asserted jurisdiction, even though the interstate-operations of the petitioner may not have satisfied the Board’s administrative-standards for the exercise of its jurisdiction. Lucas County Farm Bureau Cooperative Association v. N. L. R. B., 289 F.2d 844, 845-846, C.A.6th, cert. denied,. 368 U.S. 823, 82 S.Ct. 42, 7 L.Ed.2d 28; N. L. R. B. v. West Side Carpet Cleaning-Co., 329 F.2d 758, 760, C.A.6th.

Petitioner’s contention that the Union is not a labor organization within the provisions of the Act and that it is not authorized by its constitution and bylaws to organize employees in the lumber industry is answered by the uncontra-dicted testimony of the Union’s representative, put into the record by cross-examination of the witness by petitioner's counsel. Its complaint that its oral requests that it be furnished with a copy of the Union’s constitution and by-laws, in order that it might establish its contention were improperly refused by the. *535 Trial Examiner, is answered by the record, which shows that the Trial Examiner offered to furnish petitioner’s counsel with a subpena for that purpose if he desired one, but that he declined the offer.

We find no merit in petitioner’s contention that although the Union was the certified representative of its employees, it was not authorized to bargain for them because of its alleged failure to certify the name and address of a process agent under the provisions of •Section 20-223, Tennessee Code, Annotated, Hill v. State of Florida, 325 U.S. 538, 541, 65 S.Ct. 1373, 89 L.Ed. 1782, rehearing denied, 326 U.S. 804, 66 S.Ct. 11, 90 L.Ed. 489; Hamilton v. N. L. R. B., 160 F.2d 465, 471, C.A.6th, cert. denied, sub nom. 332 U.S. 762, 68 S.Ct. 65, 92 L.Ed. 348.

The petition to review is denied and •enforcement of the Board’s order is decreed.

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PER CURIAM.

The National Labor Relations Board' found that the petitioner, Memphis Moldings, Inc., violated Section 8(a) (5) and (1) of the National Labor Relations Act by refusing to bargain with District 50,. United Mine Workers, hereinafter referred to as the Union, which was the certified representative of its employees.. The petitioner is engaged in the manufacture and sale of wood moldings and disappearing stairways. It seeks to set aside the order of the Board. The Board seeks enforcement of the order.

We are of the opinion that under-the particular and unusual circumstances of this case the Board properly asserted jurisdiction, even though the interstate-operations of the petitioner may not have satisfied the Board’s administrative-standards for the exercise of its jurisdiction. Lucas County Farm Bureau Cooperative Association v. N. L. R. B., 289 F.2d 844, 845-846, C.A.6th, cert. denied,. 368 U.S. 823, 82 S.Ct. 42, 7 L.Ed.2d 28; N. L. R. B. v. West Side Carpet Cleaning-Co., 329 F.2d 758, 760, C.A.6th.

Petitioner’s contention that the Union is not a labor organization within the provisions of the Act and that it is not authorized by its constitution and bylaws to organize employees in the lumber industry is answered by the uncontra-dicted testimony of the Union’s representative, put into the record by cross-examination of the witness by petitioner's counsel. Its complaint that its oral requests that it be furnished with a copy of the Union’s constitution and by-laws, in order that it might establish its contention were improperly refused by the. *535 Trial Examiner, is answered by the record, which shows that the Trial Examiner offered to furnish petitioner’s counsel with a subpena for that purpose if he desired one, but that he declined the offer.

We find no merit in petitioner’s contention that although the Union was the certified representative of its employees, it was not authorized to bargain for them because of its alleged failure to certify the name and address of a process agent under the provisions of •Section 20-223, Tennessee Code, Annotated, Hill v. State of Florida, 325 U.S. 538, 541, 65 S.Ct. 1373, 89 L.Ed. 1782, rehearing denied, 326 U.S. 804, 66 S.Ct. 11, 90 L.Ed. 489; Hamilton v. N. L. R. B., 160 F.2d 465, 471, C.A.6th, cert. denied, sub nom. 332 U.S. 762, 68 S.Ct. 65, 92 L.Ed. 348.

The petition to review is denied and •enforcement of the Board’s order is decreed.

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341 F.2d 534, 58 L.R.R.M. (BNA) 2467, 1965 U.S. App. LEXIS 6411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/memphis-moldings-inc-v-national-labor-relations-board-ca6-1965.

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