Legal Opinion

National Labor Relations Board v. Donna-Lee Sportswear Co., Inc., International Ladies' Garment Workers' Union, Afl-Cio, Intervenor

Court of Appeals for the First Circuit

Decided December 29, 1987No. 87-1139PublishedCited by 55 opinions

1Opinion of the Court

GARTH, Circuit Judge.

This petition for enforcement presents the issue of whether a district court’s prior determination that a binding labor agreement between two parties had not been formed, precludes the National Labor Relations Board from deciding at a later date that in fact a contract had been formed. We deny enforcement.

I

The purported agreement at issue in this case, was between Donna-Lee Sportswear Co., Inc. (“Donna-Lee”) and Local 229, International Ladies Garment Workers Union (“Local 229”). It covered the time period from 1982 to 1985 and replaced an earlier agreement between the…

2Cases cited27 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  4. National Labor Relations Board v. KatzSupreme Court of the United States · 1962
  5. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897

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3Cited by55 opinions

  1. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  2. Ernst & Young v. Depositors Economic Protection Corp.Court of Appeals for the First Circuit · 1995
  3. Gonzalez Abreau v. Banco CentralCourt of Appeals for the First Circuit · 1994
  4. Faigin v. Kelly & CarucciCourt of Appeals for the First Circuit · 1999
  5. National Labor Relations Board v. Thalbo Corporation and G.B. Motel Management, D/B/A Ramada Inn NewburghCourt of Appeals for the Second Circuit · 1999

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