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NATIONAL BOOK CONSOLIDATORS, INC. v. N. L. R. B.

Nos. 81-1588, 81-2295.

672 F.2d 323 (1982)

NATIONAL BOOK CONSOLIDATORS, INC., Petitioner in 81-1588, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner in 81-2295, v. ADP TRANSPORT CORP., Respondent.

United States Court of Appeals, Third Circuit.

Decided February 23, 1982.

Attorney(s) appearing for the Case

Stephen A. Ploscowe, Theodore M. Eisenberg, Jerold E. Glassman, Grotta, Glassman & Hoffman, P.A., Roseland, N. J., for petitioner National Book Consolidators, Inc.

John D. Burgoyne, Asst. Gen. Counsel, Michael G. Okun, William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Assoc. Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, N. L. R. B., Washington, D. C., for N. L. R. B.

Before ALDISERT, ROSENN and WEIS, Circuit Judges.

Submitted Pursuant to Third Circuit Rule 12(6) November 30, 1981.

OPINION OF THE COURT

PER CURIAM.

Judgment based upon default is a procedural mechanism that can have serious adverse effects on the nonresponding party. The harshness of this device is vividly demonstrated in this case where the National Labor Relations Board entered judgment against respondents for failing to file an answer to a complaint issued against them. The Board thereupon ordered...

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