Ozark Hardwood Co.

27 Cited authorities

Labor Board v. Laughlin
301 U.S. 1 (1937) Cited 1,499 times 2 Legal Analyses
Holding that the National Labor Relations Act applied only to interstate commerce, and upholding its constitutionality on that basis
Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Federal Comm'n v. Broadcasting Co.
309 U.S. 134 (1940) Cited 515 times
Noting the "familiar doctrine that a lower court is bound to respect the mandate of an appellate tribunal and cannot reconsider questions which the mandate has laid to rest"
Regal Knitwear Co. v. Board
324 U.S. 9 (1945) Cited 428 times
Holding "successors and assigns" are liable for contempt if they are properly within the scope of the injunction under Rule 65(d)
Southport Pet., Co. v. N.L.R.B
315 U.S. 100 (1942) Cited 187 times
Ruling that dissolution of company and transfer of assets did not prevent enforcement of a Board order
Wallace Corp. v. Labor Board
323 U.S. 248 (1944) Cited 162 times 1 Legal Analyses
Holding that corporation committed unfair labor practice
Walling v. Reuter Co.
321 U.S. 671 (1944) Cited 101 times
Holding that the dissolution of a corporate party does not render a case moot
Nat'l Labor Relations Bd. v. New Madrid Mfg. Co.
215 F.2d 908 (8th Cir. 1954) Cited 25 times
In New Madrid the business was transferred to a new employer, which was held liable for the unfair labor practices committed by its predecessor before closing.
National Labor Rel. Board v. Coal Creek Coal
204 F.2d 579 (10th Cir. 1953) Cited 19 times
In N.L.R.B. v. Coal Creek Coal Co., 204 F.2d 579 (10th Cir. 1953), a similar distinction was drawn where a "federal receivership" rather than bankruptcy was involved.

Ozark Hardwood Co.

27 Cited authorities

Holding that the National Labor Relations Act applied only to interstate commerce, and upholding its constitutionality on that basis

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Noting the "familiar doctrine that a lower court is bound to respect the mandate of an appellate tribunal and cannot reconsider questions which the mandate has laid to rest"

Holding "successors and assigns" are liable for contempt if they are properly within the scope of the injunction under Rule 65(d)

Ruling that dissolution of company and transfer of assets did not prevent enforcement of a Board order

Holding that corporation committed unfair labor practice

Holding that the dissolution of a corporate party does not render a case moot

In New Madrid the business was transferred to a new employer, which was held liable for the unfair labor practices committed by its predecessor before closing.

In N.L.R.B. v. Coal Creek Coal Co., 204 F.2d 579 (10th Cir. 1953), a similar distinction was drawn where a "federal receivership" rather than bankruptcy was involved.