Legal Opinion

National Labor Relations Board v. Claxton Manufacturing Company, Inc.

Court of Appeals for the Fifth Circuit

Decided March 21, 1980No. 79-1527PublishedCited by 40 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

This case concerns the requirement that as a matter of due process an evidentiary hearing must be conducted when, following a representation election, the losing party files with the National Labor Relations Board regional director evidence that prima facie raises substantial and material issues that would warrant setting aside the election.

Following a representation election that the union won, 1 Claxton Manufacturing Company filed 9 objections, supported by 20 affidavits, to conduct allegedly affecting the election results. The acting regional director conducted an…

2Cases cited25 opinions

  1. Pittsburgh Plate Glass Co. v. National Labor Relations BoardSupreme Court of the United States · 1941
  2. National Labor Relations Board v. Savair Manufacturing Co.Supreme Court of the United States · 1973
  3. National Labor Relations Board v. Golden Age Beverage CompanyCourt of Appeals for the Fifth Circuit · 1969
  4. National Labor Relations Board v. Bata Shoe Company, Inc., United Shoe Workers of America, Afl-Cio, IntervenorCourt of Appeals for the Fourth Circuit · 1967
  5. National Labor Relations Board v. Air Control Products of St. Petersburg, Inc.Court of Appeals for the Fifth Circuit · 1964

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3Cited by40 opinions

  1. Anchor Inns, Inc., D/B/A Anchor Inn Hotel of St. Croix v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1981
  2. National Labor Relations Board v. Klingler Electric Corporation, Klingler Electronics Division and Klingler Manufacturing DivisionCourt of Appeals for the Fifth Circuit · 1981
  3. National Labor Relations Board v. Carroll Contracting and Ready-Mix, Inc.Court of Appeals for the Fifth Circuit · 1981
  4. Boston Insulated Wire & Cable Systems, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-PetitionerCourt of Appeals for the Fifth Circuit · 1983
  5. National Labor Relations Board v. L & J Equipment Co., Inc., United Mine Workers of America, IntervenorCourt of Appeals for the Third Circuit · 1984

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

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