# Stanley A. Dash, Jr. v. National Labor Relations Board, Lawyers Co-Operative Publishing Company, Intervenor-Respondent

> Court of Appeals for the Ninth Circuit · July 7, 1986 · 793 F.2d 1062

URL: https://www.frixlaw.com/law-library/cases/9843003

## Case

- **Full name:** Stanley A. DASH, Jr., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Lawyers Co-Operative Publishing Company, Intervenor-Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** July 7, 1986
- **Citations:** 793 F.2d 1062; 122 L.R.R.M. (BNA) 2931; 1986 U.S. App. LEXIS 26867
- **Precedential status:** Published
- **Opinion:** Dissent by Anderson
- **Judges:** Anderson, Pregerson, Solomon
- **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/9843003

## How later opinions describe it (automated extraction)

- characterizing the employer's burden as an affirmative defense

## Opinion text

J. BLAINE ANDERSON, Circuit Judge,
dissenting:
I respectfully dissent. This is a classic case for the application of our deferential and narrow standard and scope of review. The majority recognizes our restrictive role but declines to apply it because they are not “persuaded” by the “facts.” Fact finding and the inference to be drawn are for the Board, not this court. See, e.g., Kall-mann v. NLRB, 640 F.2d 1094, 1098 (9th Cir.1981); Zurn Industries, Inc. v. NLRB, 680 F.2d 683, 693-94 (9th Cir.1982). The Board relied on significant facts not mentioned in the majority opinion, including, but not limited to, Dash’s rather sorry record of rudeness and arrogance.
The interested reader and researcher are directed to the majority and dissenting opinions of the Board members, 273 N.L. R.B. No. 31 (1984), in support of the assertions made in this brief dissent. It is clear that the Board majority accepted an almost undisputed version of facts in reaching its conclusion. The facts so found by the Board are supported by the record and constitute substantial evidence on the record as a whole. In the interests of uniformity, stability and predictability, we must not substitute our judgment just for a preferred result.
We are obligated to deny the petition for review and I would do so.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9843003. Public record. Not legal advice.