Legal Opinion
Pepsi-Cola Buffalo Bottling Company and Squirt-Vernors of Buffalo, Inc. v. National Labor Relations Board
Court of Appeals for the Second Circuit
Decided March 25, 1969No. 32418_1PublishedCited by 25 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
The National Labor Relations Board has adopted a “rule against relitigation” which has the effect of denying to a litigant in an unfair labor practice action review by the Board of decisions made by a regional director in a prior representation proceeding, even if that prior decision is at the very heart of the unfair labor practice dispute. See 29 C.F.R. § 102.67. We find the Board’s action pursuant to that rule unjustified in this case. Accordingly, the petition to set aside the Board’s decision filed on May 2, 1968, is granted and the case is remanded to…
2Cases cited13 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776Supreme Court of the United States · 1954
- Packard Motor Car Co. v. National Labor Relations BoardSupreme Court of the United States · 1947
- National Labor Relations Board v. United Insurance Co. of AmericaSupreme Court of the United States · 1968
- Pittsburgh Plate Glass Co. v. National Labor Relations BoardSupreme Court of the United States · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Magnesium Casting Co. v. National Labor Relations BoardSupreme Court of the United States · 1971
- Polymers, Inc. v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1969
- 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
- National Labor Relations Board v. Magnesium Casting Company, United Steelworkers of America, IntervenorCourt of Appeals for the First Circuit · 1970
- Illinois State Journal-Register, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1969
20 more not listed; retrieve them via the Exa API.