Case law

Northern Plains Resource Council, Inc. v. Surface Transportation Board

668 F.3d 1067 · Court of Appeals for the Ninth Circuit · Dec 29, 2011

See LaFlamme v. … Conversely, the Board argues that the proj-  NORTHERN PLAINS RESOURCE v.

National Labor Relations Board v. Berryfast, Inc.

741 F.2d 1161 · Court of Appeals for the Ninth Circuit · Aug 28, 1984

NLRB v. A.J. Tower Co., 329 U.S. at 330 , 67 S.Ct. at 327 ; Spring City Knitting Co. v. NLRB, 647 F.2d 1011, 1017 (9th Cir.1981). Hence, it is for the Board to determine whether Mrs. … Turner made a reasonable effort to avail herself of the opportunity to vote, and we will accept the Board’s determination if it is supported by substantial evidence. Presto Casting Co. v.

National Labor Relations Board v. Local Union No. 751, United Brotherhood of Carpenters and Joiners of America, Afl-Cio

285 F.2d 633 · Court of Appeals for the Ninth Circuit · Dec 28, 1960

National Labor Relations Board v. International Longshoremen’s and Warehouse-men’s Union, 9 Cir., 210 F.2d 581, 584 ; National Labor Relations Board v. … Local 135, International Brotherhood of Teamsters, 7 Cir., 267 F.2d 870 ; Selby-Battersby & Co. v. National Labor Relations Board, 4 Cir., 259 F.2d 151 ; National Labor Relations Board v.

California Pacific Medical Center v. National Labor Relations Board, National Labor Relations Board v. California Pacific Medical Center

87 F.3d 304 · Court of Appeals for the Ninth Circuit · Jun 19, 1996

STANDARD OF REVIEW Courts of appeals may overturn Board decisions only if the Board’s findings of fact are not supported by substantial evidence, or if the Board has incorrectly applied the law. NLRB v. … See NLRB v. Action Automotive, Inc., 469 U.S. 490, 497 , 105 S.Ct. 984, 989 , 83 L.Ed.2d 986 (1984) (“We ... are not prepared to second-guess the Board’s” unit decisions); South Prairie Constr. Co. v.

National Labor Relations Board v. General Truck Drivers

545 F.2d 1173 · Court of Appeals for the Ninth Circuit · Oct 12, 1976

P 11,705 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. … It ordered the Union to make Holman's estate whole for any loss of wages or other benefits incurred by virtue of the unfair labor practice, to cease and desist from the practice and to post appropriate notices. 8 In Vaca v.

Robert Edward Olsen v. National Transportation Safety Board

14 F.3d 471 · Court of Appeals for the Ninth Circuit · Jan 18, 1994

Janka v. NTSB, 925 F.2d 1147, 1150 (9th Cir.1991) (false statement under § 61.59(a)). See Hart v. McLucas, 535 F.2d 516, 519 (9th Cir.1976) (same); Administrator v. … Cf. 49 U.S.CApp. § 1486(e) (“No objection to an order of the Board or Administrator shall be considered by the court unless such objection shall have been urged before the Board or Administrator or, if it was not so urged

Western Board of Adjusters, Inc. v. Clements

479 F.2d 45 · Court of Appeals for the Ninth Circuit · Apr 27, 1973

See Suhl v. Bumb, 348 F.2d 869 (9th Cir. 1965). … Suhl v. Bumb, supra at 871 . Having concluded that this was not a proper case for the exercise of the referee’s summary jurisdiction, we need not reach Western’s other assignments of error.

National Labor Relations Board v. Ellis-Klatscher & Co.

142 F.2d 356 · Court of Appeals for the Ninth Circuit · Apr 25, 1944

The above facts constitute substantial evidence supporting the Board’s complaint and its order, and its petition for our decree enforcing the order is granted. N. L. R. B. v. … B. v. Fainblatt, 306 U.S. 601 , 59 S.Ct. 668 , 83 L.Ed. 1014 ; N. L. R. B. v. Bradford Dyeing Ass’n, 310 U.S. 318 , 60 S.Ct. 918 , 84 L.Ed. 1226 .

Fresh International Corp. v. Agricultural Labor Relations Board

805 F.2d 1353 · Court of Appeals for the Ninth Circuit · Dec 9, 1986

Champion International Corp. v. Brown, 731 F.2d 1406, 1408 (9th Cir.1984) (citing Younger v. Harris, 401 U.S. at 44 , 91 S.Ct. at 750 ). … As the Supreme Court said in Franchise Tax Board v.

Did Building Services, Inc. v. National Labor Relations Board, National Labor Relations Board v. Did Building Services, Inc.

915 F.2d 490 · Court of Appeals for the Ninth Circuit · Sep 26, 1990

NLRB v. Sauk Valley Mfg. Co., 486 F.2d 1127 , 1130 *494 (9th Cir.1973). We will not overturn the Board’s decision to certify a union unless the Board abused its discretion. Cal-West-em, 870 F.2d at 1484 . … As NLRB v.

National Labor Relations Board v. Miller Brewing Company

408 F.2d 12 · Court of Appeals for the Ninth Circuit · Feb 20, 1969

Leeds & Northrup Co. v. NLRB, 391 F.2d 874 (3d Cir. 1968) ; General Tel. Co. v. NLRB, 337 F.2d 452 (5th Cir. 1964). … See, generally, NLRB v. Acme Indus. Co., 385 U.S. 432 , 85 S.Ct. 565 , 17 L.Ed.2d 495 (1967). V.

Haddock v. Board of Dental Examiners of California

777 F.2d 462 · Court of Appeals for the Ninth Circuit · Nov 26, 1985

See Woodard v. Virginia Bd. of Bar Examiners, 598 F.2d 1345 , 1346 (4th Cir.1979) (per curiam) (The Virginia Board of Bar Examiners is not an employer within the meaning of the Act); Tyler v. … Women v.

Lippincott Industries, Inc. v. National Labor Relations Board

661 F.2d 112 · Court of Appeals for the Ninth Circuit · Nov 9, 1981

Stephenson v. NLRB, 614 F.2d 1210, 1213 (9th Cir. 1980). However, it is the Board’s, not the ALJ’s, application of the law that we review. … The Board may rely on circumstantial as well as direct evidence in determining an employer’s motivation, NLRB v.

Redding Ford v. California State Board of Equalization

722 F.2d 496 · Court of Appeals for the Ninth Circuit · Dec 16, 1983

Appellees, members of the state Board of Equalization, determined that Redding Ford owed sales and use taxes on the lease agreements. … Furthermore, Wood did not improperly extend California v. Grace Brethren Church, 457 U.S. 393 , 102 S.Ct. 2498 , 73 L.Ed.2d 93 (1982) or Rosewell v.

United States v. David Lee Grandstaff, Douglas Wayne Brown

807 F.2d 851 · Court of Appeals for the Ninth Circuit · Jan 8, 1987

See United States v. … See United States v.

National Labor Relations Board v. World Evangelism, Inc.

656 F.2d 1349 · Court of Appeals for the Ninth Circuit · Sep 21, 1981

The Board’s interpretation of the Act is entitled to considerable deference, and must be upheld if reasonably defensible. Ford Motor Co. v. … It apparently acquiesced in Brown’s statement that he and Rose had reached agreement on contract terms. WEI brushed aside Brown’s questions about the wages the engineers were receiving.

Servette, Inc., Peititoner v. National Labor Relations Board

310 F.2d 659 · Court of Appeals for the Ninth Circuit · Jan 22, 1963

Monson v. Chester, 22 Pick. [Mass.] 385, 387. … R. 16 Ch.Div. 681, 686; King v. Commissioners, 5 A. & E. 804, 816; Ab-ley v. Dale, L.J. (1851) N.S. Pt. 2, Vol. 20, 233, 235. And see generally Chung Fook v.

National Labor Relations Board v. Polson Logging Co.

136 F.2d 314 · Court of Appeals for the Ninth Circuit · Jun 10, 1943

The Board seeks our enforcement of its order that respondent cease and desist from (a) discouraging membership in the Brotherhood of Railway Trainmen, hereinafter called the Brotherhood, or any other labor organization of … The petition of the Board for the enforcement of its order is granted. Affirmed.

Harold L. Wakefield v. National Labor Relations Board

779 F.2d 1437 · Court of Appeals for the Ninth Circuit · Jan 7, 1986

DISCUSSION We must affirm if the Board has applied the correct legal standards and there is substantial evidence in the record as a whole to support its findings and conclusions. Local Union No. 76 v. … NLRB v. Mercy Peninsula Ambulance Service, 589 F.2d 1014, 1018 (9th Cir.1979) quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206, 216-17 , 83 L.Ed. 126 (1938).

Fraser & Johnston Company v. National Labor Relations Board

469 F.2d 1259 · Court of Appeals for the Ninth Circuit · Nov 29, 1972

The Board’s remedy should restore “the situation, as nearly as possible, to that which would have obtained but for” the unfair labor practices. Phelps Dodge Corp. v. … B. v. Lewis, 246 F.2d 886 (9th Cir. 1957); International Paper Company, 150 NLRB 1252 (1965); Martin-Burns Sportables, Inc., 129 NLRB 364 (1969); Cf. N. L. R. B. v.