M. Lowenstein & Sons

87 Cited authorities

Touhy v. Ragen
340 U.S. 462 (1951) Cited 692 times 3 Legal Analyses
Holding that a subordinate agency employee cannot be compelled to comply with a subpoena duces tecum where a valid agency regulation prohibits such compliance in the absence of agency authorization, and where no authorization has been granted
United States v. Morgan
313 U.S. 409 (1941) Cited 852 times 2 Legal Analyses
Holding that the Secretary of Agriculture should not have been ordered to testify "regarding the process by which he reached the conclusions of his [stockyard market rate-setting] order, including the manner and extent of his study of the record and his consultation with subordinates"
Morgan v. United States
304 U.S. 1 (1938) Cited 634 times 1 Legal Analyses
Holding that it is "not the function of the court to probe the mental processes of the Secretary"
Pittsburgh Glass Co. v. Board
313 U.S. 146 (1941) Cited 294 times
In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.
Japan Line v. Sabre Shipping Corp.
395 U.S. 922 (1969) Cited 96 times
No. 1263. May 26, 1969. C.A. 2d Cir. Certiorari denied. Philip A. Ryan for Japan Line, Ltd., et al., and A. Vernon Carnahan for Maritime Co. of the Philippines, petitioners. Leon Silverman for respondent. Reported below: 407 P. 2d 173.
Nat'l Labor Relations Bd. v. Golden Age Beverage Co.
415 F.2d 26 (5th Cir. 1969) Cited 95 times
In NLRB v. Golden Age Beverage Company, 415 F.2d 26, 30 (5th Cir. 1969), this court apparently considered hearsay evidence at this stage of proceedings to set aside an election.
Nat'l Labor Relations Bd. v. Tennessee Packers, Inc.
379 F.2d 172 (6th Cir. 1967) Cited 77 times
Hearing on objections is required only if substantial factual questions are raised by objections
Nat'l Labor Relations Bd. v. Bata Shoe Co.
377 F.2d 821 (4th Cir. 1967) Cited 65 times
In NLRB v. Bata Shoe Co., 377 F.2d 821 (4th Cir.), cert. denied, 389 U.S. 917, 88 S.Ct. 238, 19 L.Ed.2d 265 (1967), upon which Randall relies, the employer presented specific evidence of more severe procedural irregularities that demonstrably affected the election results.
Texas Industries, Inc. v. N.L.R.B
336 F.2d 128 (5th Cir. 1964) Cited 64 times
In Texas Industries, Inc. v. N.L.R.B., 336 F.2d 128 (5 Cir. 1964), the court held that charges filed by the Union that alleged generally that the company had "engaged in * * * unfair labor practices within the meaning of" Section 8(a)(1) and (3), and then alleged specifically various acts of coercion against a named employee was sufficient to include unfair labor practices by the company against other employees which were not mentioned in the charges.
N.L.R.B. v. Air Ctrl. Prod. of St. Petersburg
335 F.2d 245 (5th Cir. 1964) Cited 54 times
No. 21017. July 28, 1964. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Dominick L. Manoli, Associate Gen. Counsel, Lawrence Gold, Atty., Arnold Ordman, Gen. Counsel, Stephen B. Goldberg, Paula Omansky, Attys., N.L.R.B., Washington, D.C., for petitioner. Harrison C. Thompson, Jr., Shackleford, Farrior, Stallings, Glos Evans, Tampa, Fla., for respondent. Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and BREWSTER, District Judge. JOHN R. BROWN, Circuit Judge. This is another § 8(a)(5), 29
Section 3500 - Demands for production of statements and reports of witnesses
18 U.S.C. § 3500 Cited 5,462 times 6 Legal Analyses
Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial
Section 159 - Representatives and elections
29 U.S.C. § 159 Cited 2,441 times 12 Legal Analyses
Granting a bargaining unit the exclusive right to represent employees in it

M. Lowenstein & Sons

87 Cited authorities

Holding that a subordinate agency employee cannot be compelled to comply with a subpoena duces tecum where a valid agency regulation prohibits such compliance in the absence of agency authorization, and where no authorization has been granted

Holding that the Secretary of Agriculture should not have been ordered to testify "regarding the process by which he reached the conclusions of his [stockyard market rate-setting] order, including the manner and extent of his study of the record and his consultation with subordinates"

Holding that it is "not the function of the court to probe the mental processes of the Secretary"

In Pittsburgh Glass, the Court held that it was not a denial of due process for the Board to refuse to consider evidence relating to the certification issue when petitioner first sought to introduce such evidence at the unfair labor practice hearing.

In NLRB v. Golden Age Beverage Company, 415 F.2d 26, 30 (5th Cir. 1969), this court apparently considered hearsay evidence at this stage of proceedings to set aside an election.

Hearing on objections is required only if substantial factual questions are raised by objections

In NLRB v. Bata Shoe Co., 377 F.2d 821 (4th Cir.), cert. denied, 389 U.S. 917, 88 S.Ct. 238, 19 L.Ed.2d 265 (1967), upon which Randall relies, the employer presented specific evidence of more severe procedural irregularities that demonstrably affected the election results.

Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial

Granting a bargaining unit the exclusive right to represent employees in it