Legal Opinion
National Labor Relations Board v. Kelly Brothers Nurseries, Inc.
Court of Appeals for the Second Circuit
Decided February 5, 1965No. 29055_1PublishedCited by 12 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
The National Labor Relations Board seeks enforcement of an order, 145 N.L. R.B. No. 63 (1963), see also 140 N.L.R. B. 82 (1962), which found a nurseryman guilty of a refusal to bargain and other unfair labor practices toward a union seeking to organize his employees and toward such employees. The employer’s objection relates solely to 47 employees contended to be exempt as agricultural laborers.
From its enactment in 1935, 49 Stat. 450, the National Labor Relations Act has provided, § 2(3), that “the term ‘employee’ * * * shall not include any individual employed as an…
2Cases cited8 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Farmers Reservoir & Irrigation Co. v. McCombSupreme Court of the United States · 1949
- Maneja v. Waialua Agricultural Co.Supreme Court of the United States · 1955
- National Labor Relations Board v. Olaa Sugar Company, Limited and Ilwu Local 142Court of Appeals for the Ninth Circuit · 1957
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor, and Cross-Appellee v. Jackson & Perkins Company, and Cross-AppellantCourt of Appeals for the Second Circuit · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Local 777, Democratic Union Organizing Committee, Seafarers International Union of North America, Afl-Cio v. National Labor Relations Board, Yellow Cab Company and Checker Taxi Company, Inc. v. National Labor Relations Board, Local 777, Democratic Union, Etc., IntervenorCourt of Appeals for the D.C. Circuit · 1979
- Local 777, Democratic Union Organizing Committee v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1978
- United States Department of the Navy, Naval Aviation Depot, Cherry Point, North Carolina v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 1992
- Local Union No. 300 v. MccullochCourt of Appeals for the Fifth Circuit · 1970
- Centeno-Bernuy v. Becker FarmsDistrict Court, W.D. New York · 2008
7 more not listed; retrieve them via the Exa API.