United States Supreme Court Cases & Opinions

U.S. Supreme Court

Regal Knitwear Co. v. Labor Board, 324 U.S. 9 (1945)

Regal Knitwear Co. v. National Labor Relations Board

No. 86

Argued December 8, 1944

Decided January 29, 1945

324 U.S. 9

Syllabus

1. A cease and desist order of the National Labor Relations Board and an order of the Circuit Court of Appeals for its enforcement may validly provide that the order shall apply to the employer's "successors and assigns." P. 324 U. S. 16.

2. An order of the Circuit Court of Appeals for the enforcement of a cease and desist order of the Board, though applying in terms to "successors and assigns," would have a scope no broader than that prescribed by Rule 65 of the Rules of Civil Procedure for the District Courts --

"Every order granting an injunction and every restraining order . . . is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise."

P. 324 U. S. 14.

Page 324 U. S. 10

3. Whether one brings himself in contempt of an enforcement order as a "successor" or "assign" depends on an appraisal of his relations and behavior, not upon mere construction of the terms of the order. P. 324 U. S. 15.

140 F.2d 746 affirmed.

Certiorari, 323 U.S. 692, to review a decree granting enforcement of an order of the National Labor Relations Board.