American Federation of Labor v. Labor Board, 308 U.S. 401 (1940)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
American Federation of Labor v. Labor Board, 308 U.S. 401 (1940)
American Federation of Labor v. National Labor Relations Board No. 70 Argued December 7, 8, 1939 Decided January 2, 1940 308 U.S. 401
CERTIORARI TO THE COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA
Syllabus
1. A certification by the National Labor Relations Board, under § 9(c) of the National Labor Relations Act, that a particular organization of workers is the collective bargaining representative of the employees in a designated unit is not an order reviewable by the Court of Appeal for the District of Columbia or a Circuit Court of Appeals under § 10(f) of the Act. P. 403.
2. The Act does not provide for court review of such certifications except as incidental to review of an order restraining an unfair labor practice under § 10. Pp. 404, 407.
The question whether an independent suit may be maintained in the District Court to set aside such a certification upon the ground that it is contrary to the statute and inflicts irreparable injury is not involved in this ease. P. 412.
3. The due process clause is not infringed by withholding from federal courts jurisdiction which they never possessed. P. 411.
70 App.D.C. 62, 103 F.2d 933, affirmed.
Certiorari, post, p. 531, to review a judgment dismissing for want of jurisdiction a petition to review the certification by the National Labor Relations Board of an organization of longshoremen as representative of workers.
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Chicago: U.S. Supreme Court, "Syllabus," American Federation of Labor v. Labor Board, 308 U.S. 401 (1940) in 308 U.S. 401 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BTWXG78E72RKAAW.
MLA: U.S. Supreme Court. "Syllabus." American Federation of Labor v. Labor Board, 308 U.S. 401 (1940), in 308 U.S. 401, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BTWXG78E72RKAAW.
Harvard: U.S. Supreme Court, 'Syllabus' in American Federation of Labor v. Labor Board, 308 U.S. 401 (1940). cited in 1940, 308 U.S. 401. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BTWXG78E72RKAAW.
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