Legal Opinion

Truck Drivers & Helpers Local Union No. 728 v. Empire State Express, Inc.

Court of Appeals for the Fifth Circuit

Decided July 7, 1961No. 18582PublishedCited by 3 opinions

1Opinion of the Court

RIVES, Circuit Judge.

This is a suit under Section 303 of the National Labor Relations Act, 29 U.S.C.A. § 187. That statute gives a cause of action for damages to a party injured by a “secondary boycott,” described in the same language as that employed in Section 8(b) (4) of the Act, 29 U.S.C.A. § 158(b) (4),1 which declares the “secondary boycott” an unfair labor practice. Section 303 provides in part:

“(a) It shall be unlawful * * * for any labor organization * * * to induce or encourage the employees of any employer to engage in, a strike * * * where an object thereof is—
“(1) forcing * * *…

2Cases cited14 opinions

  1. National Labor Relations Board v. Denver Building & Construction Trades CouncilSupreme Court of the United States · 1951
  2. Local 1976, United Brotherhood of Carpenters & Joiners v. National Labor Relations BoardSupreme Court of the United States · 1958
  3. Local 761, International Union of Electrical, Radio & MacHine Workers v. National Labor Relations BoardSupreme Court of the United States · 1961
  4. National Labor Relations Board v. International Rice Milling Co.Supreme Court of the United States · 1951
  5. Iron Molders' Union No. 125 of Milwaukee v. Allischalmers Co.Court of Appeals for the Seventh Circuit · 1908

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Truck Drivers And Helpers Local Union No. 728 v. Empire State Express, Inc.Court of Appeals for the Fifth Circuit · 1961
  2. National Labor Relations Board v. Local 810Court of Appeals for the Second Circuit · 1962
  3. Roumell v. Miami Newspaper Printing Pressmen Local No. 46District Court, E.D. Michigan · 1961

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API