MONROE AUTO EQUIPMENT CO., HARTWELL DIV. v. N. L. R. B.

No. 74-1215.

511 F.2d 611 (1975)

MONROE AUTO EQUIPMENT CO., HARTWELL DIVISION, Plaintiff-Appellant, v. NATIONAL LABOR RELATIONS BOARD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 18, 1975.


Attorney(s) appearing for the Case

William A. Harding, John E. Tate, Lincoln, Neb., Joseph S. Skelton, Hartwell, Ga., for plaintiff-appellant.

Elliott Moore, Deputy Assoc. Gen. Counsel, Glen M. Bendixsen, Chief of Litigation, Alan D. Cirker, Atty., William L. Corbett, Atty., Abigail Cooley, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., William J. Rains, Reg. Atty., Region 10, N. L. R. B., Walter C. Phillips, Reg. Director, Atlanta, Ga., for N. L. R. B.

Bernard G. Link, Baltimore, Md., for Int'l. Union, and others.

Before BROWN, Chief Judge, and BELL and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

The need for strong principles of res judicata is well illustrated by this case, for it shows how easily an important national policy, enacted into law by Congress, could otherwise be avoided. Having fought one round long and, if not successfully, at least hard, the employer seeks to start all over again. The District Court held it was without power to participate in that endeavor, and we agree.

On July 1, 1964 the Union...

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