SHUMATE v. N. L. R. B.

No. 15410.

452 F.2d 717 (1971)

Luther W. SHUMATE et al., Petitioners, and Union Carbide Corporation, Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1971.


Attorney(s) appearing for the Case

David D. Johnson, Charleston, W. Va. (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on the brief) for petitioners.

John W. Whittlesey, Atty., New York, Union Carbide Corporation, on the brief, for intervenor.

Elliott Moore, Atty., N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Frank Vogl, Atty., N.L.R.B., on the brief) for respondent.

Before BRYAN, CRAVEN, and BUTZNER, Circuit Judges.


BUTZNER, Circuit Judge:

This petition for review of a decision of the National Labor Relations Board questions the application of the Labor Act's six-months period of limitations1 to charges of coercion based on a union's attempts to collect fines imposed for crossing a picket line. The Board held the charges were barred because they were filed more than six months after the imposition of the...

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