“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.