[DOWNLOAD] "Local 282 v. National Labor Relations Board" by Second Circuit United States Court Of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Local 282 v. National Labor Relations Board
• Author : Second Circuit United States Court Of Appeals
• Release Date : January 23, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

FRIENDLY, C. J.: We have here a petition by a union, whose unfair labor practice charge against an employer led to the issuance of a complaint, for review of a consent order entered without hearing over its objection, and a petition by the Board for enforcement against the employer. The basic issue is the Boards power to make a settlement over the objection of the charging person without an evidentiary hearing of some sort. The issue is not determined, - we do not intimate the Board suggests it should be - by the undoubted truth that informal disposition is the "lifeblood of the administrative process," Attorney Generals Committee on Administrative Procedure, Final Report, 35 (1941), as it also is in civil litigation, or by statistics showing that nearly 75% of all dispositions of unfair labor practice cases otherwise than by dismissal or withdrawal of the charge were by settlement. 28 NLRB Ann. Rep. 170-71 (1963). For the question remains whether this desirable result can be achieved on the consent of the agency responsible for administering the law and the person accused of violating it, as in proceedings before the Federal Trade Commission, or whether a person whose charge was indispensable to initiation of the prosecution and who would have benefited from its success must also consent or be given an evidentiary hearing of some sort. The two other courts of appeals that have considered the issue have divided, with the Third Circuit favoring the petitioners position, Marine Engineers Beneficial Assn v. NLRB, 202 F.2d 546, cert. denied, 346 U.S. 819 (1953), and the District of Columbia Circuit taking the Boards Textile Workers v. NLRB, 294 F.2d 738 (1961), enforced after remand, 315 F.2d 41 (1963). We likewise sustain the Board.

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