Legal Opinion

Kessler Institute for Rehabilitation v. National Labor Relations Board

Court of Appeals for the Third Circuit

Decided January 25, 1982No. 81-1638PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

The Rules of the National Labor Relations Board, like those of the federal courts, grant an automatic three-day enlargement of time for filing responses to notices or other pleadings served by mail. Finding the language of the NLRB rules ambiguous, we construe them to require that the last day of the original period must be fixed before the three-day extension is added to determine the expiration date. Because the Board adopted a more restrictive interpretation and refused to accept exceptions that were timely filed, we grant this petition for review…

2Cases cited8 opinions

  1. United States v. LarionoffSupreme Court of the United States · 1977
  2. South Prairie Construction Co. v. Local No. 627, International Union of Operating EngineersSupreme Court of the United States · 1976
  3. National Labor Relations Board v. Metropolitan Life InsuranceSupreme Court of the United States · 1965
  4. Hi-Craft Clothing Co. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1981
  5. Budd Co. v. Occupational Safety & Health Review CommissionCourt of Appeals for the Third Circuit · 1975

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3Cited by23 opinions

  1. Wallace v. Warehouse Employees Union No. 730District of Columbia Court of Appeals · 1984
  2. Vaughn L. Peete v. American Standard GraphicCourt of Appeals for the Sixth Circuit · 1989
  3. In Re Asbestos Litigation. Appeal of Raymark Industries, Inc. In No. 86-5236. In Re Asbestos Litigation. Danfield v. Johns-Manville Sales Corp., Etc., Appeal of Owens-Illinois, Inc., Keene Corporation, Pittsburgh-Corning Corporation, the Celotex Corporation, Armstrong Cork Company, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, and Fibreboard Corporation, in No. 86-5237. In Re Asbestos Litigation. John W. Gregory and Zelda F. Gregory, His Wife, Zelda F. Gregory, Administratrix and Administratrix Ad Prosequendum of the Estate of John W. Gregory, Deceased Zelda F. Gregory, Individually and Brian Gregory, a Minor by His Natural Parent and Guardian Zelda F. Gregory v. General Motors Corporation, Joseph Doe, Tom Doe, Harry Doe, Robert Doe, Ken Doe, Daniel Doe, Larry Doe, Edward Doe, Sam Doe, Jack Doe, Fred Doe, Vince Doe. Appeal of General Motors Corporation, in No. 86-5370Court of Appeals for the Third Circuit · 1987
  4. In Re BildiscoCourt of Appeals for the Third Circuit · 1982
  5. Sellers v. Employment Security CommissionWyoming Supreme Court · 1988

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