Opinion · Court of Appeals for the Second Circuit

Precision Castings Co. v. Boland

85 F.2d 15

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1936-07-13
Topic
general

PER CURIAM. Appellant, engaged in the manufacture of die castings in Fayetteville, N. Y., sold them after such manufacture within and without the state of New York. This bill seeks to enjoin the board from proceeding further under the National Labor Relations Act (29 U.S.C.A. § 151 et seq.) upon complaint alleging that appellant engaged in unfair labor practices in discharging 24 employees because .of their union activity and by refusing to bargain collectively with the representatives of its employees. For the reasons stated in E.

Citator

UpLaw has not yet analyzed Precision Castings Co. v. Boland. The absence of a flag is not a finding that it is good law.

Cited by
7 opinions
PRECISION CASTINGS CO. v. BOLAND,85 F.2d 15(2nd Cir. 1936)
PRECISION CASTINGS CO., Inc., v. BOLAND et al.
No. 455.
Circuit Court of Appeals, Second Circuit.
July 13, 1936.
Appeal from the District Court of the United States for the Western District of New York.

Suit by the Precision Castings Company, Incorporated, against John P. Boland, individually, and as Regional Director of the National Labor Relations Board for the Third Region, and others, to enjoin the defendants from proceeding against the plaintiff under the National Labor Relations Act (July 5, 1935, 49 Stat. 449, 29 U.S.C.A. § 151 et seq.), for alleged unfair labor practices affecting commerce. From a decree of the District Court (13 F. Supp. 877) for defendants, plaintiff appeals.

Affirmed.
Hiscock, Cowie, Bruce Lee, of Syracuse, N.Y. (H. Duane Bruce and Gerald H. Henley, both of Syracuse, N.Y., of counsel), for appellant.

Charles Fahy, Gen. Counsel, National Labor Relations Board, and Robert B. Watts, Associate Gen. Counsel, and Robert S. Erdahl, all of Washington, D.C., for appellees.
Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.Page 16
PER CURIAM.
Appellant, engaged in the manufacture of die castings in Fayetteville, N.Y., sold them after such manufacture within and without the state of New York. This bill seeks to enjoin the board from proceeding further under the National Labor Relations Act (29 U.S.C.A. § 151 et seq.) upon complaint alleging that appellant engaged in unfair labor practices in discharging 24 employees because of their union activity and by refusing to bargain collectively with the representatives of its employees. For the reasons stated in E.I. Du Pont De Nemours Co. v. Boland (C.C.A.)85 F.2d 12, decided this day, the appellant has not shown that any irreparable injury will be suffered if this injunction is denied, and under the provisions of the National Labor Relations Act, it has an adequate, complete, and exclusive remedy at law on a petition to the proper court for a subpœna, or the enforcement or review of any order the board may enter.

Decree affirmed.