Opinion

National Labor Relations Board v. East Wind Enterprises

  • 664 F.2d 754
  • 109 L.R.R.M. (BNA) 2974
  • 1981 U.S. App. LEXIS 15497
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 4, 1981
Status
Published
On the bench
Kennedy, Skopil, Burns
Cited by
0 cases
Authority
More cited than 44.0%

The opinion

PER CURIAM:

There is solid, substantial evidence in the record to support the Board’s determination that the employee was discharged for union activities. The petitioner was able to make no plausible argument to the contrary.

The Board requests that in this case we grant an award of attorney’s fees against the petitioner for having taken a frivolous appeal to delay enforcement. As indicated, it is difficult to find any merit at all to the appeal, and we think the Board acted properly in requesting us to consider an award of attorney’s fees. We decline to award them in this case, however, because it has not been the practice to do so in this circuit, but henceforth we will be more favorably disposed to such requests in order to preserve the rights of all parties under the National Labor Relations Act and to protect our own docket.

“ENFORCED”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.