Legal Opinion

Howell Refining Company v. National Labor Relations Board

Court of Appeals for the Fifth Circuit

Decided August 12, 1968No. 24802PublishedCited by 28 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

Howell Refining Company petitions this court to review and set aside an order of the National Labor Relations Board issued against it on May 10, 1967. The order requires the company to cease and desist from unfair labor practices, to bargain with the Oil, Chemical and Atomic Workers International Union, and to post appropriate notices. The Board cross-petitions for enforcement of its order. We deny enforcement and remand the case for further proceedings.

To place the questions presented in context we shall summarize the events leading up to the Board’s May 10 order. On…

2Cases cited14 opinions

  1. Packard Motor Car Co. v. National Labor Relations BoardSupreme Court of the United States · 1947
  2. National Labor Relations Board v. Air Control Products of St. Petersburg, Inc.Court of Appeals for the Fifth Circuit · 1964
  3. National Labor Relations Board v. O. K. Van Storage, Inc.Court of Appeals for the Fifth Circuit · 1961
  4. United States Rubber Company v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1967
  5. Home Town Foods, Inc. D/B/A Foremost Dairies of the South v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1967

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3Cited by28 opinions

  1. National Labor Relations Board v. Wyman-Gordon Co.Supreme Court of the United States · 1969
  2. National Labor Relations Board v. Golden Age Beverage CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. National Labor Relations Board v. Smith Industries, Inc.Court of Appeals for the Fifth Circuit · 1968
  4. Groendyke Transport, Inc. v. DavisCourt of Appeals for the Fifth Circuit · 1969
  5. Home Town Foods, Inc., D/B/A Foremost Dairies of the South, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-PetitionerCourt of Appeals for the Fifth Circuit · 1969

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