From Casetext: Smarter Legal Research

Howard Johnson Company, Inc. v. N.L.R.B

United States Court of Appeals, Sixth Circuit
Mar 7, 1980
618 F.2d 1 (6th Cir. 1980)

Opinion

No. 77-1763.

March 7, 1980.

Elliott Moore, Deputy Associate Gen. Counsel, L. Joseph Ferrara, Kenneth D. Hipp, N.L.R.B., Washington, D.C., for defendants-appellants.

Derek I. Meier, Dykema, Gossett, Spencer, Goodnow Trigg, Detroit, Mich., for plaintiff-appellee.

Appeal from the United States Court for the Eastern District of Michigan.

Before WEICK and LIVELY, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


ORDER

The National Labor Relations Board appeals from that portion of a district court judgment, 444 F. Supp. 843, which required the Board to disclose to the employer copies of authorization cards obtained by a union during an organizational campaign. The district court held that the authorization cards were not exempt from disclosure under any of the exemption provisions of the Freedom of Information Act. This court recently held that union authorization cards fall within Exemption 6 of the Freedom of Information Act which covers "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." Maderia Nursing Center, Inc. v. N.L.R.B., 615 F.2d 728, 730 (6th Cir. 1980).

The judgment of the district court is reversed and the case is remanded with directions to enter summary judgment in favor of the National Labor Relations Board on this issue, in accordance with its previous motion.


Summaries of

Howard Johnson Company, Inc. v. N.L.R.B

United States Court of Appeals, Sixth Circuit
Mar 7, 1980
618 F.2d 1 (6th Cir. 1980)
Case details for

Howard Johnson Company, Inc. v. N.L.R.B

Case Details

Full title:HOWARD JOHNSON COMPANY, INC., PLAINTIFF-APPELLEE, v. NATIONAL LABOR…

Court:United States Court of Appeals, Sixth Circuit

Date published: Mar 7, 1980

Citations

618 F.2d 1 (6th Cir. 1980)

Citing Cases

N.L.R.B. v. Martins Ferry Hospital Ass'n

III The district court correctly held that the union authorization cards sought by the Hospital are exempt…