McLeod v. General Elec. Co., 385 U.S. 533 (1967)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SECOND CIRCUIT

Syllabus

The union (IUE) filed an unfair labor practice charge against respondent company (GE) under §§ 8(a)(1) and (5) of the National Labor Relations Act, as amended, because of GE’s refusal to bargain collectively over a new contract, such refusal having been based upon IUE’s inclusion among the bargaining representatives of persons from other labor organizations. The NLRB’s Regional Director issued a complaint and notice of hearing and secured from the District Court a temporary injunction under §10(j) restraining GE from declining to meet with IUE’s designated representatives. The Court of Appeals, applying a different standard under §10(j) from the one used by the District Court, reversed. Thereafter IUE and GE entered into a three-year agreement to replace the expired contract.

Held: The Court of Appeals’ judgment is set aside so that the District Court can determine the effect of the new contract upon the appropriateness of injunctive relief, the proper standard under §10(j) being immaterial if relief thereunder is now improper whichever standard is applied.

Certiorari granted; 366 F. 2d 847, set aside and remanded.