Labor Board v. Ochoa Fertilizer Corp., 368 U.S. 318 (1961)

Labor Board v. Ochoa Fertilizer Corp.

No. 37

Argued November 16, 1961
Decided December 18, 1961
368 U.S. 318

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

An employer and two labor organizations waived the procedures for adjudgment of the allegations of an unfair labor practice complaint issued against them under the National Labor Relations Act; agreed upon the form of a cease and desist order; consented that it be entered by the Board against them; and waived all defenses to the entry of a decree enforcing such order. Upon being petitioned for enforcement of the order under § 10(e) of the Act, the Court of Appeals, sua sponte, modified the order by striking out references to other employers and other labor organizations and decreed enforcement of the order as so modified.

Held: the Court of Appeals should have decreed enforcement of the Board’s order without modification. Pp. 318-323.

283 F.2d 26, reversed.