National Labor Relations Board v. MacOmb Block and Supply, Inc.

Sixth Circuit

National Labor Relations Board v. MacOmb Block and Supply, Inc.

570 F.2d 1304

CourtCourt of Appeals for the Sixth Circuit

DecidedMarch 9, 1978

Docket76-1882

StatusPublished

Cited by3 cases

This text of 570 F.2d 1304 (National Labor Relations Board v. MacOmb Block and Supply, Inc.) 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.

Bluebook

National Labor Relations Board v. MacOmb Block and Supply, Inc., 570 F.2d 1304 (6th Cir. 1978).

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Opinion

ORDER

This matter is before the court on application of the Board for enforcement of its order finding that the respondent violated Section 8(a)(3) and (1) of the Labor Act by refusing to hire the former employees of an acquired business because those employees were represented by a union. Following a hearing an administrative law judge dismissed the complaint and the Board divided 2-1 in reversing the decision of the administrative law judge. The decision and order of the Board are reported at 223 N.L.R.B. No. 194 (1976).

Upon consideration of the entire record together with the briefs and oral arguments of counsel the court concludes that the Board failed to apply the controlling law as set forth in Howard Johnson Co., Inc. v. Detroit Local, etc., Union, 417 U.S. 249, 94 S.Ct. 2236, 41 L.Ed.2d 46 (1974), to the facts of this case.

The application for enforcement is denied.

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ORDER

This matter is before the court on application of the Board for enforcement of its order finding that the respondent violated Section 8(a)(3) and (1) of the Labor Act by refusing to hire the former employees of an acquired business because those employees were represented by a union. Following a hearing an administrative law judge dismissed the complaint and the Board divided 2-1 in reversing the decision of the administrative law judge. The decision and order of the Board are reported at 223 N.L.R.B. No. 194 (1976).

Upon consideration of the entire record together with the briefs and oral arguments of counsel the court concludes that the Board failed to apply the controlling law as set forth in Howard Johnson Co., Inc. v. Detroit Local, etc., Union, 417 U.S. 249, 94 S.Ct. 2236, 41 L.Ed.2d 46 (1974), to the facts of this case.

The application for enforcement is denied.

Packing House and Industrial Services, Inc. v. National Labor Relations Board, and Local P-38, Amalgamated Meat Cutters and Butcher Workmen of North America,afl-Cio, Intervenor-Respondent. Mason City Dressed Beef, Inc. v. National Labor Relations Board, and Local P-38, Amalgamated Meat Cutters and Butcher Workmen of North America,afl-Cio, Intervenor-Respondent

590 F.2d 688 (Eighth Circuit, 1978)

National Labor Relations Board v. 212 Auto Sales, Inc.

570 F.2d 1304 (Sixth Circuit, 1978)

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570 F.2d 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-macomb-block-and-supply-inc-ca6-1978.

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