# National Labor Relations Board v. Walter E. Heyman, D/B/A Stanwood Thriftmart

> Court of Appeals for the Ninth Circuit · July 21, 1976 · 541 F.2d 796

URL: https://www.frixlaw.com/law-library/cases/9463069

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Walter E. HEYMAN, D/B/A Stanwood Thriftmart, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** July 21, 1976
- **Citations:** 541 F.2d 796; 92 L.R.R.M. (BNA) 3603; 1976 U.S. App. LEXIS 7930
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennedy
- **Judges:** Wallace, Kennedy, Bohanon
- **Cited by:** 19 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/9463069

## Opinion text

*802 ANTHONY M. KENNEDY
(concurring).
The union did not appeal the district court’s judgment under section 301 ordering rescission of the collective bargaining agreement. The validity of a collective bargaining agreement is a question which both the district court and the Labor Board may have concurrent jurisdiction to decide. Here the Board refused to give any weight at all to the district court’s decision, claiming that its own determinations always take precedence over inconsistent district court decisions. I believe that facts necessarily decided in either forum should be given at least some collateral estoppel effect in subsequent proceedings in the other forum. Thus I concur in our denial of enforcement of the Board’s order.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9463069. Public record. Not legal advice.