GLICK ET AL.
v.
BALLENTINE PRODUCE, INC.

U.S. | 1965-10-25
No. 431
382 U.S. 891 Supreme Court of the United States (1965) Positive Treatment
Cited by 10 cases

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  • …but it cannot be conclusive for there usually is more than one contract and it is the competing claims of right under separate contracts which give rise to the jurisdictional dispute. NLRB v. Local 1291, ILA, 3 Cir., 1965, 345 F. 2d 4, cert. denied, 382 U.S. 891, 86 S.Ct. 183, 15 L.Ed.2d 149 (1965). We are of the opinion, therefore, that the matter .is not to be determined by the contract alone. And this is especially true under the facts of the instant case even though it be considered that the ITU contra…
  • Glick v. Ballentine Produce, Inc., 397 F.2d 590 (8th Cir. 1968)
    …its mandate. Without seeking a stay of the mandate issued by this court on May 21, 1965, plaintiffs, on August 9, 1965, filed a petition for a writ of certiorari with the Supreme Court of the United States, which writ was denied on October 25, 1965, 382 U.S. 891, 86 S.Ct. 184.15 L.Ed.2d 149. The present action was filed on October 18, 1966, finally stating a cause of action under the Missouri wrongful death statute. That statute contains a one-year limitation but provides also that if “ * * * the plaintiff…
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  • …rom the issue of any right possessed by the union under § 301 of the Act, 29 U.S.C. § 185), neither contract is conclusive in a § 10 (k) proceeding. NLRB v. Local 1291, Int’l Longshoremen’s Ass’n, AFL-CIO, 345 F. 2d 4, 10 (3 Cir. 1965), cert. denied 382 U.S. 891, 86 S.Ct. 183, 15 L.Ed.2d 149; New Orleans Typographical Union v. NLRB, supra, p. 763 of 368 F. 2d. We are not convinced by the Pressmen’s argument that the Typographers’ contract did not cover the work in question. It is perhaps true that the Typo…

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