Legal Opinion

National Labor Relations Board v. RELCO Locomotives, Inc.

Court of Appeals for the Eighth Circuit

Decided August 20, 2013No. 12-2111, 12-2203, 12-2447, 12-2503PublishedCited by 79 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

In two separate National Labor Relations Board (NLRB) proceedings, RELCO Locomotives, Inc. (RELCO) was found to have unlawfully discharged a total of eight workers for engaging in protected labor activity. The NLRB ordered the workers reinstated and petitioned for enforcement of its orders. RELCO cross petitioned for review of each of the two orders. After the initial briefing was completed, RELCO raised a new issue challenging the Board’s composition and claiming that several members had been appointed in violation of the recess appointments clause of the United States…

2Cases cited58 opinions

  1. Gonzalez v. ThalerSupreme Court of the United States · 2012
  2. National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
  3. Freytag v. CommissionerSupreme Court of the United States · 1991
  4. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  5. Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966

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3Cited by79 opinions

  1. D.R. Horton, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 2013
  2. Jones Brothers, Inc. v. Sec'y of LaborCourt of Appeals for the Sixth Circuit · 2018
  3. John Davis v. Andrew SaulCourt of Appeals for the Eighth Circuit · 2020
  4. Muhammad v. BerryhillDistrict Court, E.D. Pennsylvania · 2019
  5. Advanced Disposal Services East, Inc. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 2016

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