Legal Opinion

National Labor Relations Board v. Braswell Motor Freight Lines

Court of Appeals for the Fifth Circuit

Decided August 6, 1954No. 14663_1PublishedCited by 6 opinions

1Per curiam

Insisting that the order requiring refund of dues was not within the authority of the Board and ought not to, indeed may not, be enforced, respondent in its motion for rehearing urges upon us that “the reasons assigned in N. L. R. B. v. Parker Bros., Inc., [5 Cir.] 209 F.2d 278”, on the basis of which we decided this case, do not, under its facts, sustain the order in it.

Pointing out that in that case there was a closed shop contract and we held that the requisite coercion and domination to sustain the refund order as to dues check-off were present there, while in this case there was no…

2Cases cited4 opinions

  1. Virginia Electric & Power Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
  2. Republic Steel Corp. v. National Labor Relations BoardSupreme Court of the United States · 1940
  3. National Labor Relations Board v. Parker Bros. & Co., IncCourt of Appeals for the Fifth Circuit · 1954
  4. National Labor Relations Board v. McGough Bakeries Corp.Court of Appeals for the Fifth Circuit · 1946

3Cited by6 opinions

  1. Dixie Bedding Manufacturing Company v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1959
  2. National Labor Relations Board v. Braswell Motor Freight Lines, Inc.Court of Appeals for the Seventh Circuit · 1973
  3. National Labor Relations Board v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1960
  4. National Labor Relations Board v. United States Steel Corp.Court of Appeals for the Third Circuit · 1960
  5. Florida Steel Corporation v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1977

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