Int'l Bhd. of Elec. Workers, Local Union No. 323, Afl-Cio v. Nat'l Labor Relations Bd., 464 U.S. 950 (1983). · Go Syfert
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Int'l Bhd. of Elec. Workers, Local Union No. 323, Afl-Cio v. Nat'l Labor Relations Bd., 464 U.S. 950 (1983). Cases Citing This Book View Copy Cite
33 citation events (2 in the last 25 years) across 13 distinct courts.
Strongest positive: Dennis J. Domegan v. Joseph Ponte, (Two Cases) (ca1, 1992-08-10)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "see, e.g." Dennis J. Domegan v. Joseph Ponte, (Two Cases) (2×)
1st Cir. · 1992 · signal: see, e.g. · confidence low
See, e.g., Caperton v. Beatrice Pocahontas Coal Co., 585 F.2d 683, 688-89 (4th Cir.1978) (raising "separate document" issue sua sponte)-, see also Parisie v. Greer, 705 F.2d 882, 890-91 (7th Cir.) (Eschbach, J.) (discussing duty of court to raise "separate document” issue sua sponte), cert. denied, 464 U.S. 918 , 104 S.Ct. 284 , 78 L.Ed.2d 261 and cert. denied, 464 U.S. 950 , 104 S.Ct. 366 , 78 L.Ed.2d 326 (1983). .
cited Cited "see, e.g." State v. Woods
Ala. Crim. App. · 1992 · signal: see also · confidence low
See also Taylor v. State , 429 So.2d 1172 (Ala.Crim.App. 1983), cert. denied , 464 U.S. 950 , 104 S.Ct. 366 , 78 L.Ed.2d 326 (1983).
discussed Cited "see, e.g." Zurla v. State
N.M. · 1990 · signal: see also · confidence low
Citing Smith v. Hooey, Judge Lopez wrote in Harvey that, although not weighing heavily in the defendant’s favor, loss of the possibility of concurrent sentencing “denied [the defendant] the opportunity to sever a substantial portion of his New Mexico sentence [and this] is enough to prejudice him.” 85 N.M. at 218 , 510 P.2d at 1089 (emphasis in the original); see also Taylor v. State, 429 So.2d 1172 (Ala.Crim.App.), cert. denied, 464 U.S. 950 , 104 S.Ct. 366 , 78 L.Ed.2d 326 (1983); State v. Holmes, 643 S.W.2d 282 (Mo.App.1982).
discussed Cited "see, e.g." Patrick T. Reid v. White Motor Corporation John T. Grigsby, Jr., Disposition Assets Trustee for White Motor Corporation (2×)
6th Cir. · 1989 · signal: see also · confidence low
See also Parisie v. Greer, 705 F.2d 882, 891 (7th Cir.) (en banc) (Eschbach, J.) (“Mallis reaffirmed the holding in Indrelu-nas that ‘the separate document rule must be “mechanically applied” in determining whether an appeal is timely.’ ”) (quoting Mallis, 435 U.S. at 386 , 98 S.Ct. at 1120 ) (emphasis in original), cert. denied, 464 U.S. 950 [ 104 S.Ct. 366 , 78 L.Ed.2d 326 ] (1983); In re Seiscom Delta, Inc. (Seiscom Delta, Inc. v. Two Westlake Park), 857 F.2d 279, 282 (5th Cir.1988) (“[T]he Court [in Mallis ] drew a careful distinction between (i) the court of appeals’ juris…
discussed Cited "see, e.g." Reid v. White Motor Corp.
6th Cir. · 1989 · signal: see also · confidence low
See also Parisie v. Greer, 705 F.2d 882, 891 (7th Cir.) (en banc) (Eschbach, J.) (“Mallis reaffirmed the holding in Indrelu-nas that ‘the separate document rule must be “mechanically applied” in determining whether an appeal is timely.’ ”) (quoting Mallis, 435 U.S. at 386 , 98 S.Ct. at 1120 ) (emphasis in original), cert. denied, 464 U.S. 950 [ 104 S.Ct. 366 , 78 L.Ed.2d 326 ] (1983); In re Seiscom Delta, Inc. (Seiscom Delta, Inc. v. Two Westlake Park), 857 F.2d 279, 282 (5th Cir.1988) (“[T]he Court \in Mallis ] drew a careful distinction between (i) the court of appeals’ juris…
Retrieving the full opinion text from the archive…
International Brotherhood of Electrical Workers, Local Union No. 323, AFL-CIO
v.
National Labor Relations Board
83-63.
Supreme Court of the United States.
Oct 31, 1983.
464 U.S. 950
White, Brennan, Blackmun.
Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit.

The petition for writ of certiorari is denied.

Justice WHITE, with whom Justice BRENNAN and Justice BLACKMUN join, dissenting from denial of certiorari.

Lead Opinion

C. A. 11th Cir. Certiorari denied.

Dissent

Justice White, with whom Justice Brennan and Justice Blackmun join,

dissenting.

After determining that one of its members was working in a supervisory capacity for a nonunion employer, Local No. 323 of the International Brotherhood of Electrical Workers (IBEW) charged the employee with violating the IBEW constitution. That document provides that a member may be penalized for “[wjorking in the interest of any organization or cause which is detrimental to, or opposed to, the I. B. E. W.” The employee was fined and ultimately expelled from the union.

The National Labor Relations Board charged the Local with an unfair labor practice for violating § 8(b)(1)(B) of the National Labor Relations Act, 49 Stat. 452, as amended, 29 U. S. C. § 158(b)(1)(B), which provides in pertinent part that “[i]t shall be an unfair labor practice for a labor organization or its agents — (1) to restrain or coerce . . . (B) an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances.” After a hearing, the Administrative Law Judge found that the discipline was imposed for “working for a nonunion contractor,” which in his view constituted unlawful coercion. On review, the Board adopted the Administrative Law Judge’s findings and conclusions. It issued a cease-and-desist order and ordered various affirmative relief. 255 N. L. R. B. 1395 (1981).

[*951] The Board then successfully petitioned the Court of Appeals for the Eleventh Circuit for enforcement of its order. The court noted that in NLRB v. International Brotherhood of Electrical Workers, Local 73 (Chewelah Contractors, Inc.), 621 F. 2d 1035 (1980), the Court of Appeals for the Ninth Circuit had held that a union does not violate § 8(b)(1)(B) by disciplining a member-supervisor for his employment with a nonunion company if the union neither represents the company’s employees nor displays a representational interest in them. The Eleventh Circuit declined to adopt the Ninth Circuit’s interpretation of the statute, stating that it found the Chewelah limitation inconsistent with the statute’s central aim. 703 F. 2d 501, 507 (1983). It held that regardless of whether the union displays a representational interest in the company’s employees, an attempt to force a member supervisor to cease working for a nonunion company infringes the employer’s right to select that person as its representative.

The conflict between the Ninth Circuit and the Eleventh Circuit is clear. Identical action by a union will constitute an unfair labor practice in the Eleventh Circuit but not in the Ninth. Implementation of the national labor policy is hampered by such conflicting rules. Accordingly, I would grant the petition to settle the conflict.