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National Labor Relations Board v. Deena Artware, Incorporated

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DEENA ARTWARE, Incorporated, Respondent

Nat'l Labor Relations Bd. v. Deena Artware, Inc., 228 F.2d 871 (6th Cir. 1955)
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Subsequent history: rev'd, Nat'l Labor Relations Bd. v. Deena Artware, Inc., 361 U.S. 398 (1960). (read from the later opinion; check before relying)

Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
December 16, 1955
Docket
No. 11156
Judges
Martin, Stewart
Citations
228 F.2d 87137 L.R.R.M. (BNA) 22311955 U.S. App. LEXIS 4603

Opinion — Per Curiam

PER CURIAM.

This Court having on July 30, 1952, handed down its decision enforcing an order of the National Labor Relations Board, which directed, among other things, that the respondent, Deena Art-ware, Incorporated, Paducah, Kentucky, its officers, agents, successors and assigns make whole certain named employees for loss of pay suffered by reason of unlawful discrimination against them; and the Board having then held a further hearing and having issued its Supplemental Decision and Order; and the Board having thereafter moved this Court for the entry of a supplemental decree specifying the amounts of back pay due said employees.

And the Court being of the opinion that jurisdiction to grant said motion and to enter this supplemental decree is conferred by Section 160(e), Title 29 U.S.C.A.; Phelps Dodge Corp. v. N.L.R.B., 313 U.S. 177, 197-200 , 61 S.Ct. 845 , 85 L.Ed. 1271 ; N.L.R.B. v. Cambria Clay Products Co., 6 Cir., 215 F.2d 48, 56 ; Marlin-Rockwell Corp. v. N.L.R.B., 133 F.2d 258 , at page 260. Home Beneficial Life Ins. Co. v. N.L.R.B., 4 Cir., 172 F.2d 62 .

And that the findings of the Board are supported by substantial evidence on the record considered as a whole, and that the formula used by the Board in computing the amount of back pay was within the discretionary power of the Board, was not arbitrary, and bears an appropriate relation to the policies of the Act; N.L.R.B. v. Seven-Up Bottling Co., 344 U.S. 344 , 73 S.Ct. 287 , 97 L.Ed. 377 ; Phelps Dodge Corp. v. N. L.R.B., supra; Marlin-Rockwell Corp. v. N.L.R.B., supra, 133 F.2d at page 260 .

It is hereby ordered, adjudged and decreed that the respondent, Deena Art-ware, Incorporated, Paducah, Kentucky, its officers, agents, successors and assigns, shall:

(a) Pay to the employees named in the Appendix attached hereto, who were found to have been discriminated against by a Board Decision and Order issued October 25, 1949, as enforced by this Court, net back pay in the amounts set out in the Appendix.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1958: 21960: 21962: 11964: 11965: 11972: 119582026peak 1958 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Phelps Dodge Corp. v. Nat'l Labor Relations Bd., 313 U.S. 177 (1941) 1,016
Nat'l Labor Relations Bd. v. Seven-Up Bottling Co. of Miami, 344 U.S. 344 (1953) 444
Marlin-Rockwell Corp. v. Nat'l Labor Relations Bd., 133 F.2d 258 (2d Cir. 1943) 10
Nat'l Labor Relations Bd. v. Cambria Clay Prods. Co., 215 F.2d 48 (6th Cir. 1954) 39
Home Beneficial Life Ins. v. Nat'l Labor Relations Bd., 172 F.2d 62 (4th Cir. 1949) 18

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