LABOR BOARD v. LOCAL 476

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United States Supreme Court

LABOR BOARD v. LOCAL 476, (1962)

No. 39

Argued:     Decided: January 15, 1962

Certiorari granted; judgment reversed and case remanded to the Court of Appeals to enter judgment affirming and enforcing a cease-and-desist order of the National Labor Relations Board - without deletion of references to other employers and other persons.

Reported below: 280 F.2d 441; 283 F.2d 26.

Solicitor General Rankin, Stuart Rothman, Dominick L. Manoli and Norton J. Come for petitioner.

Martin F. O'Donoghue for respondents.

PER CURIAM.

The petition for a writ of certiorari is granted. In unfair labor practice proceedings before the National Labor Relations Board respondents did not except to the terms of an order directing them to cease and desist from certain practices found to violate 8 (b) (4) (A) of the National Labor Relations Act, 29 U.S.C. 158 (b) (4) (A), as regards the employees of a named employer "or any other employer" where an object is to force or require the named employer "or any other employer or person" to cease doing business with a named primary contractor. The Court of Appeals in enforcement proceedings modified the order, among other ways, by striking the references to "any other employer" and to "any other employer or person." 283 F.2d 26. The judgment of the Court of Appeals is reversed and the case is remanded with directions that a judgment be entered [368 U.S. 401, 402]   which affirms and enforces the Board order after restoring these deleted provisions. Labor Board v. Cheney California Lumber Co., 327 U.S. 385 ; 10 (e), 49 Stat. 454, as amended, 29 U.S.C. 160 (e). See also Labor Board v. Ochoa Fertilizer Corp., ante, p. 318.

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