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SEARS, ROEBUCK & CO. V. CARPET LAYERS, 397 U. S. 655 (1970)

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U.S. Supreme Court

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


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. chanroblesvirtualawlibrary

Page 397 U. S. 656

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