Opinion

Golden State Bottling Co. v. National Labor Relations Board

  • 467 F.2d 164
Court
Court of Appeals for the Ninth Circuit
Filed
Aug 21, 1972
Status
Published
Author
Kilkenny
On the bench
Kilkenny
Cited by
2 cases
Authority
More cited than 18.6%

“The Act’s remedies are not thwarted by the fact than an employee who is within the Act’s protections when the discrimination occurs would have been promoted or transferred to a position not covered by the Act if he had not been discriminated against.”

How later courts described this case

  • “The Act’s remedies are not thwarted by the fact than an employee who is within the Act’s protections when the discrimination occurs would have been promoted or transferred to a position not covered by the Act if he had not been discriminated against.”

Written by the judges who cited it.

The opinion

KILKENNY Circuit Judge

(dissenting) :

I would not extend the Perma Vinyl doctrine to apply to the facts on the record before us. NLRB v. Burns Security Services, 406 U.S. 272 , 92 S.Ct. 1571 , 32 L.Ed.2d 61 (1972) and Brown v. NLRB, 462 F.2d 699 (C.A.9, 1972), in my opinion, are applicable to our facts and require us to deny enforcement of the Board’s supplemental order.

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.

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