Lewis

National Labor Relations Board v. Lewis

Good Law
249 F.2d 832·41 L.R.R.M. (BNA) 2078
United States Court of Appeals for the Ninth CircuitOctober 29, 1957No. 15307California3,117 words

Opinion

Lead Opinion

Barnes, J.

The National Labor Relations Board appeals from an order of the District Court denying enforcement to certain subpoenas duces tecum and ad testificandum purportedly issued by the Board and directed to the appellees.

On April 30,1956, the General Counsel, by the Regional Director in Los Angeles, California, filed a consolidated complaint against the Lewis Food Company and the Association of Independent Workers of America, alleging that the company and the union were engaging in various unfair labor practices in violation of the Labor-Management Relations Act of 3947 (hereafter “Act”). Pursuant to the written request of counsel for the General Counsel, the Regional Director, acting under Section 11(1) of the Act, 29 U.S.C.A. § 161 (1); issued the subpoenas in question under the seal of the Board and the facsimile signature of Abe Murdock, a member of the Board. Appellees filed petitions to revoke the subpoenas with the Regional Director prin *834 cipally on the grounds that (1) the Board lacked authority to delegate its power to issue subpoenas to the Regional Director, and (2) counsel representing the General Counsel is not a “party” to an unfair labor practice proceeding and…

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