NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
AMERICAN GUILD OF VARIETY ARTISTS, AFL-CIO, RESPONDENT
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The court held that compliance with a National Labor Relations Board order is not a defense to enforcement, and the order should be enforced.
The National Labor Relations Board sought enforcement of its order against the Union for executing closed shop agreements. The Union argued that it ha…
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PER CURIAM:
Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F. 2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir., 1969, 417 F. 2d 526, Part I.
This case is before the Court upon the application of the National Labor Relations Board for enforcement of its order issued against the American Guild of Variety Artists, AFL-CIO [163 NLRB 457; 155 NLRB 1020].
The Board found that the Union executed, maintained, and gave effect to closed shop agreements, requiring union membership as a condition of employment in violation of § 8(b) (2) and (b) (1) (A) of the National Labor Relations Act.
Neither the jurisdiction of the Board nor'the validity of the Board order are challenged. The Respondent instead contends that “[B]y the time the Board’s brief was filed in this Court, the Union had fully complied with the order of the Board”. Although expressing awareness that full compliance with a Board order is no defense to enforcement and that orders have been held to have a preventative as well as a remedial function, Respondent submits that in view of compliance we should deny enforcement.
We commend Respondent for its attitude. Nevertheless, under the teachings of N. L. R. B. v. Mexia Textile Mills, 339 U.S. 563, 70 S.Ct. 833, 94 L.Ed. 1067 (1950) and N. L. R. B. v. Patterson-Menhaden Corp., 5 Cir., 1968, 389 F. 2d 701, 703, we are of the opinion that the order of the Board should be enforced.
Enforced.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cagle's, Inc. v. Nat'l Labor Relations Bd., 588 F.2d 943 (5th Cir. 1979)
-
Nat'l Labor Relations Bd. v. S. Household Prods. Co., Inc., 449 F.2d 749 (5th Cir. 1971)
Authorities Cited
- Murphy v. Houma Well Serv., 409 F.2d 804 (5th Cir. 1969)
- Huth v. S. Pac. Co., 417 F.2d 526 (5th Cir. 1969)
- Nat'l Labor Relations Bd. v. Mexia Textile Mills, Inc., 339 U.S. 563 (U.S. 1950)
- Nat'l Labor Relations Bd. v. Patterson Menhaden Corp., 389 F.2d 701 (5th Cir. 1968)