Hadsall v. Sunbelt Rentals, Inc.

Ct. of Appeals dismissed as moot respondent-employer's appeal of Dist. Ct.'s order that granted petitioner's request for temporary injunction under section 10(j) of National Labor Relations Act (NLRA) that required respondent to cease and desist from certain unfair labor practices. Record showed that after petitioner had filed request for temporary injunction, administrative law judge had issued recommended order, concluding that respondent had violated sections 8(a)(1), (3) and (5) of NLRA. Moreover, while respondent's appeal was under advisement, Board issued its decision on ALJ's recommended order. Thereafter, Ct. of Appeals granted NLRB Director's motion to dismiss as moot instant appeal of issuance of temporary injunction, since Board's resolution of unfair practices charge mooted appeal of issuance of temporary injunction that pertained to issues that had been fully resolved by Board. Fact that Board had severed one issue from case and retained it for further consideration did not require different result, since severed issue was not one that had been presented to Dist. Ct. as part of temporary injunction. As such, remand was required for Dist. Ct. to vacate its judgment that granted petition for issuance of temporary injunction and to dismiss said petition as moot.