BLUE CROSS & BLUE SHIELD OF MICHIGAN v. N. L. R. B.

No. 78-1471.

609 F.2d 240 (1979)

BLUE CROSS AND BLUE SHIELD OF MICHIGAN, a non-profit Michigan Corporation, Plaintiff-Appellee, v. NATIONAL LABOR RELATIONS BOARD and John H. Fanning, Chairman, Howard Jenkins, Jr., John H. Penello, Betty S. Murphy, John C. Truesdale, Members of the Board, and Bernard Gottfried, Regional Director for the Seventh Region, Defendants-Appellants, TEAMSTERS LOCAL UNION NO. 243, Affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1979.


Attorney(s) appearing for the Case

Elliott Moore, Mary Schuette, Deputy Associate Gen. Counsel, N. L. R. B., Mary Schuette, Aileen Armstrong, Washington, D. C., Bernard Gottfried, Director Region 7, N. L. R. B., Detroit, Mich., for defendants-appellants.

Richard Way, Thomas W. H. Barlow, Keywell & Rosenfeld, Troy, Mich., for plaintiff-appellee.

Before EDWARDS, Chief Judge, KEITH, Circuit Judge, and CECIL, Senior Circuit Judge.


EDWARDS, Chief Judge.

In Boire v. Greyhound Corp., 376 U.S. 473, 84 S.Ct. 894, 11 L.Ed.2d 849 (1964), the United States Supreme Court said:

Both parties agree that in the normal course of events Board orders in certification proceedings under § 9(c) are not directly reviewable in the courts. This Court held as long ago as American Federation of Labor v. Labor Board, 308 U.S. 401

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