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Sears, Roebuck & Co. v. Carpet Layers, 397 U.S. 655 (1970)
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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.
Sears, Roebuck & Co. v. Carpet Layers, 397 U.S. 655 (1970)
Sears, Roebuck & Co. v. Carpet, Linoleum, Soft Tile & Resilient Floor Covering Layers, Local Union No. 419, AFL-CIO No. 476 Argued March 3, 1970 Decided April 27, 1970 397 U.S. 655
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
Syllabus
The National Labor Relations Board (NLRB) Regional Director, after investigating petitioner’s charge that respondent union was violating § 8(b)(4)(b) of the National Labor Relations Act, issued an unfair labor practice complaint with the NLRB and petitioned the District Court for injunctive relief under § 10(l) of the Act, which directs him to apply for such temporary relief "pending the final adjudication of the Board with respect to such matter." The Regional Director did not appeal the denial of an injunction, but petitioner (which had not formally intervened at the District Court hearing) sought to do so. The Court of Appeals dismissed the appeal on the ground that only the Regional Director could appeal. The NLRB thereafter found that the union had violated § 8(b)(4)(b) and ordered it to cease and desist from its unlawful conduct.
Held: Since any injunctive relief to which petitioner might have been entitled under § 10(l) terminated upon final action by the NLRB, albeit respondent union is seeking judicial review of the order, the question whether petitioner could appeal the denial of an injunction is moot.
410 F.2d 1148, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Sears, Roebuck & Co. v. Carpet Layers, 397 U.S. 655 (1970) in 397 U.S. 655 397 U.S. 656. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=LDJEPFK86SRKCV7.
MLA: U.S. Supreme Court. "Syllabus." Sears, Roebuck & Co. v. Carpet Layers, 397 U.S. 655 (1970), in 397 U.S. 655, page 397 U.S. 656. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LDJEPFK86SRKCV7.
Harvard: U.S. Supreme Court, 'Syllabus' in Sears, Roebuck & Co. v. Carpet Layers, 397 U.S. 655 (1970). cited in 1970, 397 U.S. 655, pp.397 U.S. 656. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=LDJEPFK86SRKCV7.
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