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LIVINGSTON POWDERED METAL, INC. v. N. L. R. B.

No. 81-1464.

669 F.2d 133 (1982)

LIVINGSTON POWDERED METAL, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided January 25, 1982.

Attorney(s) appearing for the Case

Frank Cummings (argued), Alicia M. Kershaw, Marshall, Bratter, Greene, Allison & Tucker, Washington, D. C., for petitioner.

John D. Burgoyne, Asst. Gen. Counsel (argued), Daniel Pollitt, Atty., William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., National Labor Relations Board, Washington, D. C., for respondent.

Before ALDISERT, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

As this case demonstrates, "better late than never" is not necessarily a reliable adage for a lawyer who represents a client before an administrative agency. The controversy here began when an employer's answer to an NLRB complaint was held untimely because it was received several days after the date it was due to be filed, even though it was mailed on the due date. The Board decided that "late" was the same as ...

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