Case law

Winston v. Board of Prison Terms

123 F. App'x 802 · Court of Appeals for the Ninth Circuit · Feb 24, 2005

Lounsbury v. Thompson, 374 F.3d 785, 787 (9th Cir.2004) (citing 28 U.S.C. § 2254 (b)(1); Peterson v. Lampert, 319 F.3d 1153, 1155 (9th Cir.2003) (en banc)). … See Maynard v.

California Franchise Tax Board v. Kendall (In Re Jones)

657 F.3d 921 · Court of Appeals for the Ninth Circuit · Jul 12, 2011

Brown, Joyce E. Hee, David Lew (argued), Office of the Attorney General, Oakland, California, for the appel- lant. … See Maney v.

Hopkins v. Indeterminate Sentence Review Board

154 F. App'x 589 · Court of Appeals for the Ninth Circuit · Nov 15, 2005

Council v. California Dep’t of Transp., 96 F.3d 420, 421-22 (9th Cir.1996). … We have held that parole board officials’ decisions to grant, deny, or revoke parole are entitled to immunity, and we therefore affirm the district court’s judgment. See Swift v.

National Labor Relations Board v. R. Dakin and Company

477 F.2d 492 · Court of Appeals for the Ninth Circuit · Apr 2, 1973

Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 488 , 71 S.Ct. 456, 465 , 95 L.Ed. 456 (1951). … The Tenth Circuit shares this view: N.L.R.B. v. Lawrence Typographical Union, 376 F.2d 643 (10th Cir. 1967). The Order is set aside and the matter is remanded to the Board for further proceedings. 2 .

National Labor Relations Board v. Cubitt

121 F. App'x 720 · Court of Appeals for the Ninth Circuit · Feb 9, 2005

Based on the two violations it found, the Board ordered a new union election. We have jurisdiction to review the Board’s decisions under § 10(e) of the NLRA. 29 U.S.C. § 160 (e). … Raley’s, Inc. v. N.L.R.B., 725 F.2d 1204, 1206 (9th Cir.1984) (en banc) (quoting A.F. of L. v. Labor Board, 308 U.S. 401, 411 , 60 S.Ct. 300 , 84 L.Ed. 347 (1940)) (internal quotation marks omitted).

National Labor Relations Board v. International Brotherhood of Electrical Workers, Local Union 357, Harold B. Parish v. National Labor Relations Board

445 F.2d 1015 · Court of Appeals for the Ninth Circuit · Jun 24, 1971

NLRB v. Local 138, IUOE (2d Cir. 1967), ( 385 F.2d 874 ), but the board presented no facts to show just what it considered a hiring hall expense that *1018 would benefit travelers and Local 357 members alike. … Textile Workers Union of America v. NLRB (1961), 111 U.S.App.D.C. 109 , 294 F.2d 738 .

National Labor Relations Board v. Advanced Stretchforming International, Inc.

208 F.3d 801 · Court of Appeals for the Ninth Circuit · Apr 4, 2000

On December 1, Brown interviewed and hired Cunningham as ASI’s general manager. Brown and Cunningham then interviewed Aero’s former employees who came to the plant that day. … Vista Hill Found., 767 F.2d at 566 n. 9 (quotations omitted). 5 V We turn next, therefore, to the remedy that the Board imposed for the violation.

National Labor Relations Board v. O'Keefee Electric Co.

391 F.2d 589 · Court of Appeals for the Ninth Circuit · Mar 6, 1968

The only substantial question concerns the Board’s jurisdiction. We therefore state the facts upon which the Board rests jurisdiction. … See, for example, NLRB v. Brown, 1965, 380 U.S. 278 , 85 S.Ct. 980 , 13 L.Ed.2d 839 ; NLRB v. Truck Drivers Union, etc. (Buffalo Linen), 1957, 353 U.S. 87 , 77 S.Ct. 643 , 1 L.Ed.2d 676 ; NLRB v.

National Labor Relations Board v. C.E. Wylie Construction Company

934 F.2d 234 · Court of Appeals for the Ninth Circuit · Jun 3, 1991

TROTT, Circuit Judge: The National Labor Relations Board (“NLRB”) petitions us to enforce a cease- and-desist order against C.E. Wylie Construction Company (“Wylie”). … In NLRB v.

National Labor Relations Board v. Clara-Val Packing Co.

191 F.2d 556 · Court of Appeals for the Ninth Circuit · Aug 30, 1951

In Patrick Cudahy Family Co. v. Bowles, Em.App., 138 F.2d 574, 575 , the contract expressly provided for a renewal. It was for a definite two year period, to be renewed on identical terms for a like successive period. … It is decreed that the order of the Board is set aside in whole. 29 U.S.C.A. § 160 (e).

National Labor Relations Board v. Terry Coach Industries, Inc.

411 F.2d 612 · Court of Appeals for the Ninth Circuit · May 1, 1969

B. v. Stanislaus Implement & Hardware Co., 226 F.2d 377, 381 (9th Cir. 1955). This is particularly true of questions involving the credibility of oral testimony. N. L. R. B. v. … The Board’s order is enforced.

National Labor Relations Board v. Yuba Natural Resources, Inc.

824 F.2d 706 · Court of Appeals for the Ninth Circuit · Aug 6, 1987

See NLRB v. Hawaiian Flour Mill, Inc., 792 F.2d 1459, 1462 (9th Cir.1986); NLRB v. … The Board weighed these competing concerns and denied Yuba’s motion to consolidate. The Board’s refusal to consolidate the union’s unfair labor practice claims is reviewed for abuse of discretion. NLRB v.

Mingtree Restaurant, Inc. v. National Labor Relations Board

736 F.2d 1295 · Court of Appeals for the Ninth Circuit · Jul 2, 1984

While we appreciate the Board’s concerns and “give ‘considerable deference’ to the Board’s expertise in construing and applying the labor laws,” Machinists Local 1327 v. … Pioneer Inn Associates v. N.L.R.B., 578 F.2d 835 , 840 (9th Cir.1978).

National Labor Relations Board v. Tahoe Nugget, Inc.

584 F.2d 293 · Court of Appeals for the Ninth Circuit · Aug 10, 1978

But see Ref-Chem Co. v. NLRB, 418 F.2d 127 , 128-29 (5th Cir. 1969). In assorted contexts, the Board has used presumptions to stabilize labor-management relations. … Other circuits have approved Board presumptions in analogous circumstances when majority support was not readily deducible. E. g., Zim’s Foodliner, Inc. v. NLRB, 495 F.2d at 1136-38 . See also Franks Bros. Co. v.

Sparks Nugget, Inc. v. National Labor Relations Board

968 F.2d 991 · Court of Appeals for the Ninth Circuit · Jul 8, 1992

See NLRB v. F. … NLRB v. West Coast Liquidators, Inc., 725 F.2d 532 , 536 n. 5 (9th Cir.1984); NLRB v. Sav-On Drugs, 709 F.2d 536, 542 (9th Cir.1983). We enforce the Board's order regarding these findings.

Board of Governors of Federal Reserve System v. Transamerica Corp.

184 F.2d 311 · Court of Appeals for the Ninth Circuit · Jun 27, 1950

Federal Power Comm. v. … To demonstrate the threatened divestiture of the Board’s jurisdiction, and hence of ours, and the irreparable damage that may result, petitioner calls our attention to Federal Trade Commission v.

National Labor Relations Board v. Marine World USA

611 F.2d 1274 · Court of Appeals for the Ninth Circuit · Jan 17, 1980

“[A] reviewing court must recognize the Board’s competence in the first instance to judge the impact of utterances made in the context of the employer-employee relationship.” N. L. R. B. v. … Gissel Packing Co., supra, at 620, 89 S.Ct., at 1943 ; see Labor Board v. Virginia Power Co., 314 U.S. 469, 479 , 62 S.Ct. 344 , 86 L.Ed. 348 (1941); Conolon Corporation v. N. L. R.

National Labor Relations Board v. Mike Yurosek & Sons, Inc.

597 F.2d 661 · Court of Appeals for the Ninth Circuit · May 3, 1979

Cross Baking Company v. NLRB, 453 F.2d 1346, 1348 (1st Cir. 1971); NLRB v. Urban Telephone Corporation, 499 F.2d 239, 242 (7th Cir. 1974). … Although the administrative law judge found otherwise, we conclude that the Board’s determination is supported by substantial evidence and accordingly should not be set aside. NLRB v.

Dennis Howard v. Federal Aviation Administration National Transportation Safety Board

17 F.3d 1213 · Court of Appeals for the Ninth Circuit · Mar 1, 1994

Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206, 217 , 83 L.Ed. 126 (1938); California v. F.E.R.C., 966 F.2d 1541 , 1551 (9th Cir.1992). The evidence before the Board easily meets this standard. … The Board recognized this in its decision below. Busey v. Howard, N.T.S.B. Order No. EA-3328, 1991 WL 320151 (May 31, 1991). The Board noted the following in its Order Denying Reconsideration: Administrator v.

National Labor Relations Board v. Spring Road Corp.

577 F.2d 586 · Court of Appeals for the Ninth Circuit · Jun 27, 1978

People v. … In Rose v.