# National Labor Relations Board v. East Wind Enterprises

> Court of Appeals for the Ninth Circuit · December 4, 1981 · 664 F.2d 754

URL: https://www.frixlaw.com/law-library/cases/397125

## Case

- **Full name:** EAST WIND ENTERPRISES, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Graphic Arts International Union Local No. 280, AFL-CIO, Intervenor
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 4, 1981
- **Citations:** 664 F.2d 754; 109 L.R.R.M. (BNA) 2974; 1981 U.S. App. LEXIS 15497
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Kennedy, Skopil, Burns
- **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/397125

## Opinion text

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”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/397125. Public record. Not legal advice.