[DOWNLOAD] "Eastern Greyhound Lines v. Fusco" by Sixth Circuit. United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Eastern Greyhound Lines v. Fusco
- Author : Sixth Circuit. United States Court Of Appeals
- Release Date : January 18, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
OSULLIVAN, C. J.: By the action here involved, Plaintiff-Appellant, Eastern Greyhound Lines, sought to have the United States District Court at Cleveland enjoin Defendant-Appellee, Philip Fusco, Regional Director of the National Labor Relations Board, from conducting a representation election among the dispatchers and assistant dispatchers employed by Eastern Greyhound Lines. Upon motion of Defendant-Appellee, the complaint was dismissed on a holding that the District Court was without jurisdiction of the cause. The matter was previously before this Court upon Easterns motion for an injunction pending this appeal from such order of dismissal. We denied the motion and our decision is reported as Eastern Greyhound Lines v. Fusco, 310 F.2d 632 (C.A. 6, 1962). That opinion sets forth the posture of the litigation at the time the aforesaid motion was presented to us. Following dismissal of the complaint, the Regional Director had conducted an election by mail ballot, but had impounded the ballots awaiting our disposition of the motion for injunction pending appeal. After our denial of such motion, the ballots were counted. Thereafter, upon the full hearing of the appeal before us, it was reported that, by a vote of 74 to 49, the Union seeking bargaining rights, to wit: the Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, AFL-CIO, had won the election and had been duly certified as bargaining representative of plaintiffs dispatchers. It was also reported that upon Easterns refusal to bargain with Amalgamated as representative of the dispatchers, Amalgamated had filed an unfair labor practice charge with the Board alleging that Eastern had violated Sections 8(a), (5) and (1) of the Act by its refusal to honor the Boards certification of the mentioned Union. We have not been advised of the present status of such proceeding.