# O'Reilly v. National Labor Relations Board

> Court of Appeals for the Ninth Circuit · January 17, 1975 · 510 F.2d 428

URL: https://www.frixlaw.com/law-library/cases/9339072

## Case

- **Full name:** David O'REILLY v. NATIONAL LABOR RELATIONS BOARD, and International Association of Machinists and Aerospace Workers, AFL—CIO, Local Lodge No. 504, Intervenor. MORTON SALT COMPANY, a division of Morton International, Inc. v. NATIONAL LABOR RELATIONS BOARD, and International Association of Machinists, Oakland Lodge No. 284, International Association of Machinists and Aerospace Workers, AFL-CIO, Intervenor
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** January 17, 1975
- **Citations:** 510 F.2d 428; 88 L.R.R.M. (BNA) 3278
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Browning, Chambers, Sharp
- **Cited by:** 1 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/9339072

## Opinion text

OPINION
PER CURIAM:
The Supreme Court vacated the judgments in these cases and remanded them for reconsideration in light of N.L.R.B. v. Boeing Company, 412 U.S. 67 , 93 S.Ct. 1952 , 36 L.Ed.2d 752 (1973). Machinists and Aerospace Workers Local 504 v. O’Reilly, 414 U.S. 807 , 94 S.Ct. 36 , 38 L.Ed.2d 43 (1973).
In No. 71 — 1853, we continue to adhere to those portions of our opinion, reported at 472 F.2d 416 (9th Cir. 1972), holding that the Board properly defined the issues before it and that the “no-strike” provision of the collective bargaining agreement had no application to the honoring of a sister union’s lawful picket line.
As for the other issue in the case, the Supreme Court has settled that it is *429 not within the purview of the Board’s responsibility to review the reasonableness of disciplinary fines imposed by unions upon their members. N.L.R.B. v. Boeing Company, supra.
Accordingly, the petition to review the order of the National Labor Relations Board is denied.
In No. 26,892, the single issue presented is that which is now concluded by Boeing. Therefore, the petition to review the order of the National Labor Relations Board is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9339072. Public record. Not legal advice.