National Labor Relations Board v. O'Keefe & Merritt Mfg. Co.

This is a petition in the usual form for the enforcement of an order of the National Labor Relations Board. It presents several questions. The facts concerning each one will be stated in connection with the discussion of the individual question. 1. Are the Respondents All Before the Court and the Board?

No objection is made with regard to jurisdiction over the corporate respondent. Objection to the Board’s jurisdiction over some of the individuals who compose the partnership respondent has, however, been made and persisted in. The argument is advanced that one or some of the individual partners were never adequately served with process sufficient to bring them before the Board.

The answer to this contention we think is easy in the light of well settled rules of law. It is undisputed that the individuals were served with notice by a registered letter addressed to each one of them. This service was in accordance with the statute and the Board’s rules pursuant thereto. This is a form of notice reasonably calculated to give a defendant knowledge of proceedings and an opportunity to be heard. As such it satisfies the requirement of due process. Since the statutory rules have been…