# Arizona Public Service Company v. National Labor Relations Board

> Court of Appeals for the Ninth Circuit · December 15, 1971 · 453 F.2d 228

URL: https://www.frixlaw.com/law-library/cases/9457687

## Case

- **Full name:** ARIZONA PUBLIC SERVICE COMPANY, Petitioner-Appellant, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 15, 1971
- **Citations:** 453 F.2d 228; 79 L.R.R.M. (BNA) 2099; 1971 U.S. App. LEXIS 6614
- **Precedential status:** Published
- **Opinion:** Dissent by Byrne
- **Judges:** Byrne, Wright, Choy
- **Cited by:** 29 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/9457687

## How later opinions describe it (automated extraction)

- reversing Board Order and Decision finding lack of supervisory power

## Opinion text

WILLIAM M. BYRNE, Sr., District Judge
(dissenting):
I respectfully dissent.
The unfair labor practice is practically conceded. The Company admits it refused to bargain with the Union solely on the ground that it disagreed with the Board’s conclusion that the System Load Supervisors and Assistant System Load Supervisors are not supervisors within the meaning of Section 2(11).
The Supreme Court has cautioned us that in construing the meaning of Section 2(11), we should look to the Board’s “special function of applying the general provisions of the Act to the complexities of industrial life.” (N. L. R. B. v. Erie Resistor Corp., 373 U.S. 221 , 83 S.Ct. 1139 , 10 L.Ed.2d 308 (1963)) and that courts owe “deference to Board expertise in applying statutory terms to particular facts”. Hanna Mining Co. v. District 2, Marine Engineers, 382 U.S. 181, 190 , 86 S.Ct. 327 , 15 L.Ed.2d 254 (1965).
Where, as in the instant case, substantial evidence on the record as a whole supports the Board’s findings, this court should not substitute its opinion for that of the Board.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9457687. Public record. Not legal advice.