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UNITED STEELWORKERS OF AMERICA, AFL-CIO v. N.L.R.B.

Nos. 22872, 23010.

441 F.2d 1005 (1971)

UNITED STEELWORKERS OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FLORIDA MACHINE & FOUNDRY COMPANY AND FLECO CORPORATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1970.

Motion for Rehearing to Correct Opinion Denied February 26, 1971.

Attorney(s) appearing for the Case

Mr. George C. Longshore, Birmingham, Ala., with whom Mr. George H. Cohen, Washington, D. C., was on the brief, for petitioner in No. 22,872.

Mrs. Corinna L. Metcalf, Atty. National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief for petitioner in No. 23,010 and respondent in No. 22,872.

Messrs. Guy Farmer and John A. McGuinn, Washington, D. C., for respondent in No. 23,010.

Before BAZELON, Chief Judge, TAMM, Circuit Judge and MATTHEWS, Senior Judge, United States District Court for the District of Columbia.

TAMM, Circuit Judge:

Congress in enacting the National Labor Relations Act gave courts the power to review orders of the National Labor Relations Board (hereafter "the Board"). Findings with respect to questions of fact when supported by substantial evidence shall be left to the discretion of the Board. The Board, of course, is in a position neither to impose certain rules upon parties to a labor dispute while the proceedings are under way nor to abandon its impartiality...

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