Legal Opinion

Mack v. United Mine Workers

District Court, E.D. Tennessee

Decided February 23, 1978No. Civ.No. 3-78-34Published

1Opinion of the Court

MEMORANDUM AS RENDERED

ROBERT L. TAYLOR, District Judge.

[1] The Regional Director, on behalf of the NLRB, faces a relatively insubstantial burden of proof when he petitions a district court for temporary injunctive relief. He need not prove that a violation of the Act has in fact occurred, nor must he convince the Court of the validity of the legal theory upon which he predicates the charge.

“Rather, he need only demonstrate that he has reasonable cause to believe that the elements of an unfair labor practice are present and that the legal theory upon which he proceeds is ‘substantial and not…

2Cases cited5 opinions

Angle v. SacksCourt of Appeals for the Tenth Circuit · 1967
George Squillacote v. Graphic Arts International Union, Afl-CioCourt of Appeals for the Seventh Circuit · 1976
Local Union 984, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Afl-Cio, an Unincorporated Labor Organization v. Humko Company, Inc. (A Division of National Dairy Products Corporation), Local Union 984, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Afl-Cio, an Unincorporated Labor Organization v. Ralph Kent Phillipy, Local Union 984, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Afl-Cio, an Unincorporated Labor Organization v. Kuhne-Simmons Company, Inc., an Illinois CrporationCourt of Appeals for the Sixth Circuit · 1961
George Squillacote, Regional Director of the Thirtieth Region of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board v. Local 248, Meat & Allied Food Workers, Affiliated With Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio, George Squillacote, Regional Director of the Thirtieth Region of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board v. Local 248, Meat & Allied Food Workers, Affiliated With Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-CioCourt of Appeals for the Seventh Circuit · 1976
Samoff v. Building & Construction Trades Council of DelawareDistrict Court, D. Delaware · 1974