Legal Opinion
National Labor Relations Board v. First Termite Control Co., Inc.
Court of Appeals for the First Circuit
Decided August 5, 1981No. 80-7142PublishedCited by 44 opinions
1Opinion of the Court
ALARCON, Circuit Judge:
The National Labor Relations Board (NLRB) has applied for enforcement of its order requiring First Termite Control Co. (Termite) to cease and desist in unfair labor practices. The NLRB failed to establish the jurisdictional requirement of interstate commerce by admissible evidence. We must deny the enforcement order.
FACTS
Termite, an Oakland, California, company, provides termite and pest control services to private residences. Five percent of Termite’s customers are individual home owners who directly contact the company. The remaining 95 percent of Termite’s business…
2Cases cited6 opinions
- National Labor Relations Board v. FainblattSupreme Court of the United States · 1939
- United States v. Edward L. Flom, David L. Hoffman, Frank W. Hunsberger, and Richard E. VollandCourt of Appeals for the Fifth Circuit · 1977
- United States v. Dennis Lee UllrichCourt of Appeals for the Fifth Circuit · 1978
- John Milton Phillips, Jr., Jack Cecil Cherbo and Richard Dale Walker v. United StatesCourt of Appeals for the Ninth Circuit · 1966
- United States v. Joseph R. PfeifferCourt of Appeals for the Eighth Circuit · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Burgess v. Premier Corp.Court of Appeals for the Ninth Circuit · 1984
- United States v. James Harrison HathawayCourt of Appeals for the Sixth Circuit · 1986
- United States v. Moreno L. Keplinger, Paul L. Wright, and James B. PlankCourt of Appeals for the Seventh Circuit · 1985
- United States v. H. David Miller, United States of America v. Continental Fuel Co., Inc., United States of America v. Don A. BliesnerCourt of Appeals for the Ninth Circuit · 1985
- United States v. Chu Kong Yin, AKA Alfred ChuCourt of Appeals for the Ninth Circuit · 1991
39 more not listed; retrieve them via the Exa API.