Building & Construction Trades Council of Orange County v. Le Baron

In a proceeding before the National Labor Relations Board appellants were charged with committing unfair labor practices proscribed by Section 8(b), subsections (4) (A) and (B) of the National Labor Relations Act, as amended, 29 Ú.S.C.A. § 158 (b) (4) (A, B). ■ "

The appellee, as Regional Director, sought and obtained an injunction in the district court, 84 F.Supp. 629 , in accordance with Section 10(Z),' 29 U.S.C.A. § 160 (1), enjoining and restraining during the pendency of the proceeding certain acts alleged tó have been committed in furtherance of the allegéd' unfair' labor practices. Appellants, after appealing from the order granting the injunction and before the hearing of the appeal upon the merits, have moved for an order suspending the injunction pending the appeal.

In support of the motion it is argued (1) that if the provisions of the Act authorizing the issuance of an interlocutory injunction "are construed to, permit the- issuance of an injunction such a? that here involved, those provisions are unconstitutional and void because violative .of the First, Fifth and Thirteenth Amendments to the .Constitution, (2), that the prohibitions of the injunction are so broad…