Summary
In Cathey v. National Labor Relations Board, 5 Cir., 189 F.2d 428, a petition for enforcement of an order of the Labor Board was denied and the complaint dismissed by the Court of Appeals, where the union concerned had failed to comply with the non-Communist affidavit provisions of the Act.
Summary of this case from Nat'l Labor Relations Bd. v. Tenn. Egg Co.Opinion
No. 13005.
June 6, 1951.
Fred S. Ball, Jr., Ball Ball, Montgomery, Ala., for petitioner.
David P. Findling, Assoc. Gen. Counsel, NLRB, A. Norman Somers, Asst. Gen. Counsel, NLRB, and Frederick U. Reel, Atty. NLRB, all of Washington, D.C., for respondent.
Before HOLMES, BORAH and RUSSELL, Circuit Judges.
It is ordered that the petition for rehearing in this case be, and the same hereby is, granted, our prior judgment herein set aside, the petition for the enforcement of the Board's order denied, and the complaint dismissed, because of the failure of the union to comply with Section 9(h) of the National Labor Relations Act, 29 U.S.C.A. § 159(h), which is the Non-Communist Affidavit provision. N.L.R.B. v. Postex Cotton Mills, 5 Cir., 181 F.2d 919; N.L.R.B. v. Highland Park Manufacturing Company, 71 S.Ct. 758. See also Universal Camera Corporation v. N.L.R.B., 340 U.S. 474, 71 S.Ct. 456; N.L.R.B. v. Pittsburg S.S. Company, 340 U.S. 498, 71 S.Ct. 453.