National Labor Relations Board v. Culinary Alliance and Hotel Service Employees Union Local 402, and the San Diego Civic Facilities Corporation
Opinion
Opinion
ORDER OF REMAND ON ISSUE OF MOOTNESS
It appears from the record that after the Board issued its orders the San Diego Civic Facilities Corporation instituted proceedings under the law's of the State of California to dissolve and transfer all its assets to the City of San Diego.
It further appears that the City- of San Diego is not an employer within the meaning of Section 2(2) of the National Labor Relations Act.
It further appears that the orders of the Board are directed toward the conduct of the Union at the San Diego Community Concourse and not elsewhere.
In NLRB v. Jones & Laughlin Co., 331 U.S. 416, 428 , 67 S.Ct. 1274, 1281 , 91 L.Ed. 1575 (1947), the Court stated:
It, therefore, appears from the record that there is a substantial issue whether or not the orders of the Board are now moot, and that the resolution of that issue is one which involves a complicated question of fact and questions of statutory policy.
It is ordered that the issue of whether the orders-, of the Board have become moot is remanded to the Board for such proceedings, findings, recommendations and orders as may be required pursuant to the Board’s discretion under the law.