# Service Employees International Union v. National Labor Relations Board > Court of Appeals for the Ninth Circuit · June 28, 2011 · 440 F. App'x 524 URL: https://www.frixlaw.com/law-library/cases/219899 ## Case - **Full name:** SERVICE EMPLOYEES INTERNATIONAL UNION, Nurse Alliance, Local 121RN, Local 121RN, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent; Carole Jean Badertscher, Petitioner, v. National Labor Relations Board, Respondent; National Labor Relations Board, Petitioner, v. Service Employees International Union, Nurses Alliance, Local 121RN, Respondent - **Court:** Court of Appeals for the Ninth Circuit - **Decided:** June 28, 2011 - **Citations:** 440 F. App'x 524 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Schroeder, Ripple, Bea - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/219899 ## Opinion text FILED NOT FOR PUBLICATION JUN 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SERVICE EMPLOYEES No. 10-72082 INTERNATIONAL UNION, NURSE ALLIANCE, LOCAL 121RN, Local NLRB No. 21-CB-14428 121RN, Petitioner, MEMORANDUM * v. NATIONAL LABOR RELATIONS BOARD, Respondent. CAROLE JEAN BADERTSCHER, No. 10-72182 Petitioner, NLRB No. 21-CB-14428 v. NATIONAL LABOR RELATIONS BOARD, Respondent. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. NATIONAL LABOR RELATIONS No. 10-72481 BOARD, NLRB No. 21-CB-14428 Petitioner, v. SERVICE EMPLOYEES INTERNATIONAL UNION, NURSES ALLIANCE, LOCAL 121RN, Respondent. On Petition for Review of an Order of the National Labor Relations Board Argued and Submitted June 17, 2011 San Francisco, California Before: SCHROEDER, RIPPLE,** and BEA, Circuit Judges. Service Employees International Union, Local 121RN-Nurses Alliance (the Union) and Carole Jean Badertscher petition for review of a decision of the National Labor Relations Board (the Board). The Board has cross-applied for enforcement of the order accompanying that decision. ** The Honorable Kenneth F. Ripple, Senior Circuit Judge for the United States Court of Appeals for the Seventh Circuit, sitting by designation. 2 The Union principally challenges the Board’s finding that the Union violated § 8(b)(1)(A) of the NLRA by distributing its dues flyer. The Board found that the strong unconditional language of the flyer was coercive as to the employees who had no obligation to pay dues during the contractual hiatus. Substantial evidence supports the Board’s finding. See Bldg. Material and Dump Truck Drivers, 274 NLRB 603, 604 (1985) (finding a § 8(b)(1)(A) violation when a Union’s actions “have a reasonable tendency to coerce those employees who desire to refrain from joining or assisting the union at a time when they were within their Section 7 rights to do so” (emphasis in the original)). The remaining contention, with respect to the legal standard applied to the conduct, is without merit and, in any event, was not raised before the Board. See 29 U.S.C. § 160(e) (“No objection that has not been urged before the Board, its member agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.”) Badertscher, for her part, challenges the Board’s decision not to rule on her additional charge that the Union also violated § 8(b)(1)(A) by circulating a flyer describing the impact of California’s professional strikebreaker statute on employees. The Board did not decide the merits of her claim and she did not seek 3 reconsideration before the Board. We, therefore, do not reach this challenge. See 29 U.S.C. § 160(e). The Board’s application for the enforcement of its order, 10-72481, is GRANTED. The Union’s petition for review, 10-72082, is DENIED. Badertscher’s petition for review, 10-72182, is DISMISSED. 4 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/219899. Public record. Not legal advice.