National Labor Relations Board v. Plant City Welding and Tank Company

RIVES, Chief Judge

(specially concurring).

I am in agreement with the carefully expressed views of the First Circuit in Editorial “El Imparcial,” Inc. v. N. L. R. B., 1960, 278 F.2d 184. The distinction between that case and this is, I think, that in this case the employer did and in that case it did not “make [a] direct challenge to the Board’s jurisdiction so as to place on the Board the duty of putting in evidence of compliance by the Union.” 278 F.2d at page 187. I concur in the per curiam order to the extent that the sufficiency of the filings pursuant to Sections 9(f) and (g), 29 U.S.C.A. § 159 (f, g) should be disclosed in the record certified to this Court.