Opinion

Bell Foundry Company, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

  • 827 F.2d 1340
  • 126 L.R.R.M. (BNA) 2705
  • 1987 U.S. App. LEXIS 12405
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 15, 1987
Status
Published
Author
Kennedy
On the bench
Kennedy, Poole, Lovell
Cited by
11 cases
Authority
More cited than 25.5%

“[T]he [National Labor Relations Board’s] failure to review the entire record before the Regional Director was held to lead to ‘rubber stamp’ review raising serious due process problems.”

How later courts described this case

  • “[T]he [National Labor Relations Board’s] failure to review the entire record before the Regional Director was held to lead to ‘rubber stamp’ review raising serious due process problems.”
  • “As the party challenging the election, [the employer] had the burden of showing by specific evidence at the hearing that 1
  • Lovell, District Judge, Concurring
  • abuse of discretion standard

Written by the judges who cited it.

The opinion

KENNEDY, Circuit Judge,

concurring:

I concur in the judgment, with one observation. The goal of an organizing campaign, achieved through free and vigorous debate, is to make an informed choice possible for employees. See Linn v. United Plant Guard Workers, 383 U.S. 53, 62 , 86 S.Ct. 657, 663 , 15 L.Ed.2d 582 (1966); NLRB v. Lenkurt Elec. Co., 438 F.2d 1102, 1108 (9th Cir.1978). Given this goal, it is somewhat odd to require employees to sign authorization cards before hearing the Union’s pitch. The company, however, argues only that the principles of NLRB v. Savair Mfg. Co., 414 U.S. 270 , 94 S.Ct. 495 , 38 L.Ed.2d 495 (1973), have been violated, and that is not the case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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