# National Labor Relations Board v. Heath Tec Division/san Francisco

> Court of Appeals for the Ninth Circuit · January 5, 1978 · 566 F.2d 1367

URL: https://www.frixlaw.com/law-library/cases/9464382

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HEATH TEC DIVISION/SAN FRANCISCO, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** January 5, 1978
- **Citations:** 566 F.2d 1367; 97 L.R.R.M. (BNA) 2712; 1978 U.S. App. LEXIS 13187
- **Precedential status:** Published
- **Opinion:** Concurrence by Merrill
- **Judges:** Merrill, Goodwin, Nielsen
- **Cited by:** 36 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/9464382

## Opinion text

MERRILL, Circuit Judge,
concurring:
I concur in Judge Nielsen’s opinion but reach his part II result by a slightly different route. In my view the Hearing Officer was relieved of any duty to make an inde *1373 pendent evaluation of privilege by Heath Tec’s failure to attempt to meet its eviden-tiary needs without resort to privileged testimony. No showing of testimonial need on the part of Heath Tec having been made, there was nothing against which the Hearing Officer could weigh the importance of preserving the confidentiality of investigative files.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9464382. Public record. Not legal advice.