Opinion · Court of Appeals for the Fifth Circuit

National Labor Relations Board v. Hills Bros.

Nat’l Labor Rels. Bd. v. Hills Bros., 161 F.2d 179 (5th Cir. 1947)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1947-04-30
Topic
general

PER CURIAM. Looking to the petition alone, the case presented is the ordinary one of a proceeding for enforcement of an order 1 of the National Labor Relations Board, which respondent has refused, and is refusing, to comply with, in which the issues are whether the order; was supported by evidence and in accordance with law. When, however, respondent’s answer is looked to, it at once appears that the issues, petition and answer tendered are entirely different. Not admitting that respondent has committed any un-. fair labor practice, the answer, admitting the issuance of the order, pleads: (1) That respondent has made every effort to comply with it; (2) that it has offered the persons named in paragraph 2(a) of the order employment, and such persons have actually accepted employment; (3) that it, on August 10, 1946, posted the notice required; and (4) *180that it, in compliance with Section 2(d) of the order, notified petitioner’s regional director of respondent’s desire to comply therewith, and sought petitioner’s aid and assistance in doing so. The answer then proceeds to allege that petitioner, ignoring respondent’s efforts to comply with the order, presented its petition for enforcement and undertook to induce respondent to execute a stipulation and compliance agreement which was not in accord with the order.

Citator

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Cited by
6 opinions