Legal Opinion
National Labor Relations Board v. Smith Industries, Inc.
Court of Appeals for the Fifth Circuit
Decided November 12, 1968No. 25691_1PublishedCited by 101 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
The question for decision is whether the National Labor Relations Board erred in granting summary judgment against the employer in the company’s challenge to a collective bargaining representation election at which the union prevailed, without affording a formal hearing on the employer’s objections to the election, and whether the denial of the requested hearing constituted a deprivation of constitutional due process of law. We hold that the summary decision of the Board, without allowing the employer to present evidence at a formal hearing, was, under the…
2Cases cited36 opinions
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
- Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
- Hannah v. LarcheSupreme Court of the United States · 1960
- St. John Dixon v. Alabama State Board of EducationCourt of Appeals for the Fifth Circuit · 1961
- Mrs. Lola Hornsby v. Ivan Allen, Mayor of the City of AtlantaCourt of Appeals for the Fifth Circuit · 1964
31 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- Lighting Fixture and Electric Supply Co. Inc. v. The Continental Insurance Co., and Electric Supply Co. Inc.Court of Appeals for the Fifth Circuit · 1969
- Vera Croley, Etc. v. Matson Navigation Company, David E. Bouler v. Matson Navigation CompanyCourt of Appeals for the Fifth Circuit · 1971
- National Labor Relations Board v. Golden Age Beverage CompanyCourt of Appeals for the Fifth Circuit · 1969
- J. R. Norton Co. v. Agricultural Labor Relations BoardCalifornia Supreme Court · 1979
- Hiram Walker, Incorporated, and South Florida Liquor Distributors, Inc. v. A & S Tropical, Inc.Court of Appeals for the Fifth Circuit · 1969
96 more not listed; retrieve them via the Exa API.