Case law

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  • National Labor Relations Board v. Super Toys, Inc.

    458 F.2d 180 · Court of Appeals for the Ninth Circuit · Mar 29, 1972

    It follows that the hearing examiner’s conclusions, adopted by the Board, cannot be sustained. (Cf. Santa Fe Drilling Co. v. N. L. R. B. (9th Cir. 1969) 416 F.2d 725, 732 ; N.L.R.B. v. … We decline to enforce the remainder of the Board’s order. 1 . Among the circuits that have adopted the Struksnes criteria are the Seventh (N.L.R.B. v. C & P Plaza Dept. Store, Div. of C & P Shop.

    Cited 16 timesPublished
  • Brandwein v. California Board of Osteopathic Examiners

    708 F.2d 1466 · Court of Appeals for the Ninth Circuit · Jun 24, 1983

    Board of Osteopathic Examiners v. Board of Medical Examiners, 53 Cal. App.3d at 81-82 , 125 Cal.Rptr. at 621 . … Board of Osteopathic Examiners v. Board of Medical Examiners, 53 Cal.App.3d at 83 , 125 Cal.Rptr. at 622 .

    Cited 9 timesPublished
  • National Labor Relations Board v. Pacific Transport Lines, Inc., and Marine Cooks and Stewards, Afl-Cio

    290 F.2d 14 · Court of Appeals for the Ninth Circuit · May 19, 1961

    B. v. … B. v. Technicolor Motion Pic. Corp., supra. The Board, contrary to the Trial Examiner, concluded that the company violated Section 8(a) (3) of the Act by discharging Brown at the Union’s request.

    Cited 5 timesPublished
  • Anaya v. Federal Home Loan Bank Board

    839 F.2d 1349 · Court of Appeals for the Ninth Circuit · Feb 19, 1988

    See Somerfield v. Federal Deposit Insurance Corporation, 609 F.Supp. 128 (E.D.Tenn.1985). … Even if the statute contained any ambiguity, we would uphold the Board’s decision as a reasonable interpretation that hence is entitled to deference. Chevron U.S.A. v.

    Cited 2 timesPublished
  • Consolidated Aircraft Corp. v. National Labor Relations Board

    141 F.2d 785 · Court of Appeals for the Ninth Circuit · Mar 17, 1944

    The National Labor Relations Board, herein called the Board, issued a cease and desist order to Consolidated Aircraft Corporation, herein called the Company (§ 10 (c), N. L. R. … The Company asks us to set the order aside and the Board asks us to enforce it.

    Cited 11 timesPublished
  • Jerrold S. Flemming v. Oregon Board of Parole

    998 F.2d 721 · Court of Appeals for the Ninth Circuit · Jul 12, 1993

    Flem[m]ing v. Board of Parole, 102 Or.App. 691 , 795 P.2d 122 , review denied, 310 Or. 475 , 799 P.2d 646 (1990). … (citing Raske v.

    Cited 24 timesPublished
  • Wayside Press, Inc. v. National Labor Relations Board

    206 F.2d 862 · Court of Appeals for the Ninth Circuit · Aug 25, 1953

    B. v. Brown Co., 1 Cir., 160 F.2d 449, 456 , and cases cited. Most of the evidence by which the Board seeks to tie Wayside to the formation and administration of the Independent Union is based upon the acts of foremen. … B. v.

    Cited 29 timesPublished
  • Alton Box Board Company v. Esprit De Corp.

    682 F.2d 1267 · Court of Appeals for the Ninth Circuit · Apr 23, 1982

    *1269 WALLACE, Circuit Judge: Plaintiffs-appellants Alton Box Board Co. and twenty-eight other manufacturers of corrugated containers (the manufacturers) appeal from the district court’s grant of summary judgment for appellee … Co. v.

    Cited 55 timesPublished
  • National Labor Relations Board v. Mason Mfg. Co.

    126 F.2d 810 · Court of Appeals for the Ninth Circuit · Feb 13, 1942

    We sustain the Board on both contentions. … See National Labor Relations Board v. Express Publishing Co., 312 U.S. 426 , 61 S.Ct. 693 , 85 L.Ed. 930 .

    Cited 4 timesPublished
  • National Labor Relations Board v. J. E. Mccatron

    216 F.2d 212 · Court of Appeals for the Ninth Circuit · Oct 13, 1954

    216 F.2d 212 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J. E. McCATRON, R. F. Nine and M. M. Dinkel, Co-partners, d/b/a Price Valley Lumber Co., and J. E. McCatron, R. F. … In the case of N.L.R.B. v.

    Cited 18 timesPublished
  • Franchise Tax Board v. Construction Laborers Vacation Trust

    679 F.2d 1307 · Court of Appeals for the Ninth Circuit · Jun 22, 1982

    The Franchise *1308 Tax Board of California levied against money held in trust for the three by the Construction Laborers’ Vacation Trust Fund. … See Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504, 522 , 101 S.Ct. 1895, 1905 , 68 L.Ed.2d 402 (1981). The vacation trust fund now before the court is obviously a benefit plan described in § 1002(1).

    Reversed by Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal., 463 U.S. 1 (1983)Cited 14 timesPublished
  • United States v. John Lee Molinaro, United States of America v. Donald P. Mangano, Sr., United States of America v. Donald P. Mangano, Sr.

    11 F.3d 853 · Court of Appeals for the Ninth Circuit · Nov 17, 1993

    United States v. … See United States v.

    Cited 77 timesPublished
  • Barker Bros. v. National Labor Relations Board

    328 F.2d 431 · Court of Appeals for the Ninth Circuit · Feb 20, 1964

    B. v. Retail Clerks’ Union, Local 324, 1961, 194 F.Supp. 131 . … (Board footnotes omitted) As in Smitley v. N. L. R. B., supra, petitioners urge that legislative history requires a contrary result.

    Cited 1 timesPublished
  • A. v. Costantini v. Civil Aeronautics Board

    679 F.2d 896 · Court of Appeals for the Ninth Circuit · Apr 7, 1982

    V. Costantini v. Civil Aeronautics Board 80-7754 UNITED STATES COURT OF APPEALS Ninth Circuit 4/7/82 1 C.A.B. AFFIRMED

    Cited 1 timesPublished
  • L'Eggs Products, Incorporated v. National Labor Relations Board

    619 F.2d 1337 · Court of Appeals for the Ninth Circuit · May 30, 1980

    Brown, J., in NLRB v. Ferguson, 5 Cir., 1958, 257 F.2d 88, 92 . See also Ore-Ida Potato Products, Inc. v. NLRB, 9 Cir., 1960, 284 F.2d 542,545 . … Rather, we think it proper to remand to the Board for reconsideration of the bargaining order, as we did in NLRB v. Randall P. Kane, Inc., 9 Cir., 1978, 581 F.2d 215, 220 ; NLRB v.

    Cited 46 timesPublished
  • National Labor Relations Board v. Tomco Communications, Inc.

    567 F.2d 871 · Court of Appeals for the Ninth Circuit · Jan 16, 1978

    The proper role of the Board is to watch over the process, not guarantee the results, of collective bargaining. H. K. Porter v. … The cases of surface bargaining on which the Board relies are factually distinguishable. NLRB v. Reed & Prince Mfg.

    Cited 46 timesPublished
  • Harvey Aluminum (Incorporated) v. National Labor Relations Board

    335 F.2d 749 · Court of Appeals for the Ninth Circuit · Aug 5, 1964

    Before HAMLIN, BROWNING, and DUNIWAY, Circuit Judges. … The Board relies upon Commonwealth v. Smith, 412 Pa. 1 , 192 A.2d 671 (1963), and People v.

    Cited 29 timesPublished
  • Walter D. Balla v. Idaho State Board of Corrections, Walter D. Balla v. Idaho State Board of Corrections

    869 F.2d 461 · Court of Appeals for the Ninth Circuit · Mar 3, 1989

    Balla v. Idaho State Board of Corrections, 595 F.Supp. 1558 (D.Idaho 1984) (Balla I). … Balla v. Board of Corrections, 656 F.Supp. 1108 (D.Idaho 1987) (Balla II). On April 3, 1987, the Board filed a Rule 59 motion to alter or amend the judgment.

    Cited 206 timesPublished
  • National Labor Relations Board v. Aaron Brothers Corp.

    563 F.2d 409 · Court of Appeals for the Ninth Circuit · Oct 21, 1977

    B. v. Smith Industries, Inc., 403 F.2d 889, 892 (5th Cir. 1968); N. L. R. B. v. … The Board will not set an election aside unless misconduct “constitute[d] an interference with free choice, for or against a bargaining representative . . . .” N. L. R. B. v.

    Cited 29 timesPublished
  • Miller v. Western Board of Adjusters, Inc.

    427 F.2d 175 · Court of Appeals for the Ninth Circuit · May 20, 1970

    Lundeen v. Cordner, 354 F.2d 401 at 407 (January 5, 1966). … See generally, United States v. Gossett, 416 F.2d 565, 568 (9th Cir. 1969), cert. denied, 397 U.S. 961 , 90 S.Ct. 992 , 25 L.Ed.2d 253 (1970). The judgment is affirmed. . We fail to see the applicability of Sniadach v.

    Cited 4 timesPublished

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