Opinion · Court of Appeals for the D.C. Circuit
National Biscuit Division v. Leedom
265 F.2d 101
- Type
- Opinion
- Court
- Court of Appeals for the D.C. Circuit
- Jurisdiction
- Federal
- Date
- 1959-01-29
- Topic
- general
PER CURIAM. Appellant, a division of the Biscuit Council, Bakery and Confectionery Workers’ International Union of America (hereinafter called BCW), is the bargaining representative for a group of locals in plants of the National Biscuit Company. It negotiated a series of master agreements with the Company, the last expiring on August 31, 1959. In December 1957, however, the BCW was expelled from the AFL-CIO for failure to eliminate certain corrupt practices. Thereafter various locals voted to disaffiliate and joined with the American Bakery and Confectionery Workers (hereinafter called ABC), a new international union chartered by the AFL-CIO.
Citator
UpLaw has not yet analyzed National Biscuit Division v. Leedom. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 26 opinions
Mr. Norton J. Come, Deputy Asst. Gen. Counsel, National Labor Relations Board, with whom Messrs. Jerome D. Fenton, Gen. Counsel, National Labor Relations Board, Thomas J. McDermott, Associate Gen. Counsel, National Labor Relations Board, and Marcel Mallet-Prevost, Asst. Gen. Counsel, National Labor Relations Board, were on the brief, for appellees.
Messrs. Henry Kaiser, Isaac N. Groner and Stephen I. Schlossberg, Washington, D.C., filed a brief on behalf of American Bakery and Confectionery Workers' International Union, AFL-CIO, as amicus curiae, urging affirmance.
On July 10, 1958, appellant brought this suit in the District Court against appellees, the Chairman and Members of the National Labor Relations Board, to declare the Board's action unlawful and for injunctive relief. Appellees immediately moved to dismiss on the ground, in substance, that the court was without jurisdiction because Board action in § 9 proceedings is reviewable only in the Court of Appeals and only when such action is the basis for a "final order" in an unfair labor practice proceeding under § 10 of the Act,29 U.S.C. § 160.
The sum of appellees' argument was that the challenged action fell within "the wide area of determinations which depend on the Board's expertise and discretion"2and was therefore controlled by our decision in De Pratter v. Farmer.3Appellant, on the other hand, urged that the Board went beyond the area of its expertise and discretion and produced the sort of "unlawful action * * * and resulting injury [,] * * * by way of departure from statutory requirements or from those of due process * * *,"4for which we granted relief in Leedom v. Kyne, 1957, 101 U.S.App. D.C. 398,249 F.2d 490, affirmed358 U.S. 184,79 S.Ct. 180,3 L.Ed.2d 210. The Board, said appellant, favored the AFL-CIO as against appellant's independent union in violation of the express command of § 9(c)(2) of the Act which provides:
"In determining whether or not a question of representation affecting commerce exists, the same regulations and rules of decision shall apply irrespective of the identity of the persons filing the petition or the kind of relief sought * * *."
The District Court held that the Board's determination that the elections were warranted in the interest of stable bargaining relationships was within allowable limits of the Board's discretion and was not prohibited by § 9(c)(2). Accordingly, it dismissed the suit on July 17, 1958. This appeal was brought the same day and a request was made for a stay of the elections pending appeal. We denied the request.
Upon consideration of the appeal, we conclude that the District Court was clearly right.
Affirmed.
- Sitting by designation pursuant to the provisions of28 U.S.C. § 294(a). ↩
- 49 Stat. 453 (1935), as amended,29 U.S.C. § 159(c) (1952). ↩
- Leedom v. Kyne, 1957, 101 U.S.App.D.C. 398, 399,249 F.2d 490,491, affirmed358 U.S. 184,79 S.Ct. 180,3 L.Ed.2d 210. ↩
- 1956, 98 U.S.App.D.C. 74,232 F.2d 74. ↩
- Inland Empire District Council, Lumber and Sawmill Workers Union, Lewiston, Idaho v. Millis, 1945,325 U.S. 697,700,65 S.Ct. 1316,1318,89 L.Ed. 1877. ↩