Legal Opinion

McElrath Poultry Co. v. National Labor Relations Board

Court of Appeals for the Fifth Circuit

Decided May 23, 1974No. 73-3430PublishedCited by 1 opinion

1Per curiam

In this enforcement proceeding, with cross-petition for review, the NLRB acknowledges “. . . that disposition of the jurisdictional issue in the present case is controlled by this Court’s decision in Abbott Farms, Inc. v. N. L. R. B., 487 F.2d 904 (1973), in which, on similar facts, this Court found that the Board’s bargaining order was not entitled to enforcement because the employees in the certified unit were agricultural laborers.” 1

It nevertheless “. . . adheres to its position that employees like those in the present case are employees covered by the National Labor Relations Act ., and…

2Cases cited5 opinions

  1. Maneja v. Waialua Agricultural Co.Supreme Court of the United States · 1955
  2. National Labor Relations Board v. Strain Poultry Farms, Inc.Court of Appeals for the Fifth Circuit · 1969
  3. National Labor Relations Board v. Victor Ryckebosch, Inc.Court of Appeals for the Ninth Circuit · 1972
  4. Abbott Farms, Inc., Petitioner-Cross v. National Labor Relations Board, Respondent-CrossCourt of Appeals for the Fifth Circuit · 1973
  5. Mitchell v. Georgia Broiler Supply, Inc.District Court, N.D. Georgia · 1960

3Cited by1 opinion

  1. McElrath Poultry Company, Inc., Petitioner-Cross v. National Labor Relations Board, Respondent-Cross No. 73-3430 Summary Calendar. Rule 18, 5th Cir. Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974

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