Case law

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  • National Labor Relations Board v. Doctors' Hospital of Modesto, Inc.

    489 F.2d 772 · Court of Appeals for the Ninth Circuit · Dec 27, 1973

    The burden is on the employer to prove the Board was wrong. The Board has a “wide degree of discretion” granted it to regulate and supervise elections. N. L. R. B. v. A. J. … B. v. Parma Water Lifter (9 Cir. 1954), 211 F.2d 258, 261 , cert. denied, 348 U.S. 829 , 75 S.Ct. 51 , 99 L.Ed. 654 ; N. L. R. B. v. Swift & Co. (9 Cir. 1957), 240 F.2d 65, 66-67 ; N. L. R. B. v. Brown & Sharpe Mfg.

    Cited 32 timesPublished
  • Virginia Mason Medical Center v. National Labor Relations Board

    558 F.3d 891 · Court of Appeals for the Ninth Circuit · Mar 10, 2009

    In addition, the Board’s interpretation of its own remedial order “enjoys a good deal of discretion.” NLRB v. Nat’l Med. Hosp. of Compton, 907 F.2d 905, 909 (9th Cir.1990). … Brooks v. NLRB, 348 U.S. 96, 103 , 75 S.Ct. 176 , 99 L.Ed. 125 (1954). A.

    Cited 2 timesPublished
  • National Labor Relations Board v. U.S. Postal Service

    827 F.2d 548 · Court of Appeals for the Ninth Circuit · Sep 4, 1987

    Sears Savings Bank v. … V We deny enforcement of the Board’s order because it resulted from the application of an improper rule.

    Cited 1 timesPublished
  • Sakrete of Northern California, Inc. v. National Labor Relations Board

    332 F.2d 902 · Court of Appeals for the Ninth Circuit · Jul 9, 1964

    Andrews Co. of Oregon v. N. L. R. … B. v. Sunrise Lumber & Trim Corp., 2 Cir., 241 F.2d 620 ; N. L. R. B. v. White Const. & Engineering Co., 5 Cir., 204 F.2d 950 . 12 . See also, N. L. R. B. v.

    Cited 67 timesPublished
  • Morton Salt Co. v. National Labor Relations Board

    472 F.2d 416 · Court of Appeals for the Ninth Circuit · Dec 8, 1972

    Timken Roller Bearing v. NLRB, 325 F.2d 746, 750-751 (6th Cir. 1963); Mastro Plastics Corp. v. … In urging this position, petitioner recognized that NLRB v. Allis-Chalmers and Scofield v.

    Cited 1 timesPublished
  • Transamerica Premier Insurance Company v. Ray Miller Earl Robert Brown, Jr.

    41 F.3d 438 · Court of Appeals for the Ninth Circuit · Nov 17, 1994

    E.g., Leggett v. … Byrne v. Terry, 228 Mont. 387 , 741 P.2d 1341, 1343 (1987). “Damages” in this case refers to the monetary harm Brown caused his customers.

    Cited 6 timesPublished
  • John Gillibeau v. City Of Richmond

    417 F.2d 426 · Court of Appeals for the Ninth Circuit · Oct 13, 1969

    417 F.2d 426 John GILLIBEAU and Doris Gillibeau, Appellants, v. CITY OF RICHMOND, a municipal corporation, Charles E. Brown, Elmer Evans, Deputy Marshal, Ervin R. Martin, Deputy Marshal, William H. … York v.

    Cited 5 timesPublished
  • National Labor Relations Board v. Marin Operating, Inc.

    822 F.2d 890 · Court of Appeals for the Ninth Circuit · Jul 21, 1987

    We will enforce the Board’s order “if the Board correctly applied the law and if its findings of fact are supported by substantial evidence in the record viewed as a whole.” NLRB v. … Nor has the Board interpreted the statute as having such an exception. We defer to the Board’s interpretation of the statute because it is “reasonably defensible.” International Alliance of Theatrical Stage Employees v.

    Cited 1 timesPublished
  • National Labor Relations Board v. Retail Clerks International Ass'n, A.F.L.

    211 F.2d 759 · Court of Appeals for the Ninth Circuit · Apr 2, 1954

    Where possible the Board’s order should always be so construed, for the Board, constituted for that very purpose, has presumably sought to accomplish those objectives. … Case Co. v. National Labor Relations Board, 1944, 321 U.S. 332 [ 64 S.Ct. 576 , 88 L.Ed. 762 ], It is wrong for the foremen, for it discourages the things in them that made -them foremen in the first place.

    Cited 15 timesPublished
  • Retlaw Broadcasting Co. v. National Labor Relations Board

    53 F.3d 1002 · Court of Appeals for the Ninth Circuit · Apr 26, 1995

    Rep. 1886 RETLAW BROADCASTING CO., a subsidiary of Retlaw Enterprises, Inc., d/b/a KJEO-TV, Channel 47, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner. … NLRB v. Howard Elec.

    Cited 1 timesPublished
  • South Tacoma Motor Co. v. National Labor Relations Board

    207 F.2d 184 · Court of Appeals for the Ninth Circuit · Sep 18, 1953

    N.L.R.B. v. … National Labor Relations Board v. Citizen News Co., 9 Cir., 1943, 134 F.2d 970, 974 ; National Labor Relations Board v. Whitin Machine Works, 1 Cir., 1953, 204 F.2d 883, 884 . 4 . Cf. N.L.R.B. v.

    Cited 3 timesPublished
  • King County v. United States Shipping Board Emergency Fleet Corp.

    282 F. 950 · Court of Appeals for the Ninth Circuit · Sep 5, 1922

    Auditor General v. Regents, 83 Mich. 467 , 47 N. W. 440 , 10 L. R. A. 376; Tulane v. Board, 38 La. Ann. 296 ; Board of Trustees v. Champaign County, 76 Ill. 184 ; Reclam. Dis. v. … Sacramento County, 134 Cal. 477 , 66 Pac. 668 ; Board of Regents v. Hamilton, 28 Kan. 376 ; Herrick v. Sargent, 140 Iowa, 590 , 117 N. W. 751 , 132 Am. St. Rep. 330 ; New Haven v.

    Cited 14 timesPublished
  • Salvador Castrejon-Garcia v. Immigration & Naturalization Service

    60 F.3d 1359 · Court of Appeals for the Ninth Circuit · Jul 20, 1995

    The order of the Board was a final order of deportation. Perkovic v. I.N.S., 33 F.3d 615, 618 (6th Cir.1994). The Service inappropriately cites Chu v. … U.S.D.O.C. v. F.E.R.C., 36 F.3d 893 , 896 (9th Cir.1994); Chemical Mfrs. Assn. v. NRDC, 470 U.S. 116, 125 , 105 S.Ct. 1102, 1107 , 84 L.Ed.2d 90 (1985). The Board’s interpretation is plainly contrary.

    Cited 54 timesPublished
  • Hill v. State Board of Control

    72 F. App'x 680 · Court of Appeals for the Ninth Circuit · Aug 15, 2003

    Assoc, of Naturopathic Physicians v. Hayhurst, 227 F.3d 1104, 1109 (9th Cir.2000). We review for abuse of discretion the district court’s denial of a Fed.R.Civ.P. 60(b) motion, Bateman v.

    Cited 0 timesPublished
  • National Labor Relations Board v. Swedish Hospital Medical Center

    619 F.2d 33 · Court of Appeals for the Ninth Circuit · May 14, 1980

    NLRB v. Ruba-tex Corp., supra. See also NLRB v. Erie Resistor Corp., supra 373 U.S. at 236-37 , 83 S.Ct. at 1149-50 . In NLRB v. … Because the Board made no independent finding that Section 8(a)(1) had been violated, the court’s action was proper. In NLRB v.

    Cited 9 timesPublished
  • Chemehuevi Indian Tribe v. California State Board of Equalization

    757 F.2d 1047 · Court of Appeals for the Ninth Circuit · Apr 12, 1985

    Yet, the Board suggests that some of our recent eases — Cardin v. De La Cruz, 671 F.2d 363 (9th Cir.), cert. denied, 459 U.S. 967 , 103 S.Ct. 293 , 74 L.Ed.2d 277 (1982), *1052 Babbitt Ford, Inc. v. … The Board’s attempted analogy is thus unpersuasive. Second, it is the legislature’s intent, not the Board’s, that we must ascertain. The Board’s interpretation of the statute may guide us, see Miller v.

    Reversed on other grounds by California State Board of Equalization v. Chemehuevi Indian Tribe, 474 U.S. 9 (1986)Cited 12 timesPublished
  • National Labor Relations Board v. Circo Resorts, Inc.

    646 F.2d 403 · Court of Appeals for the Ninth Circuit · May 26, 1981

    NLRB, 632 F.2d 721, 725 (9th Cir. 1980), the determination by the Board that interrogation has been coercive is entitled to be upheld so long as there is substantial evidence to support it. NLRB v. Ft. … The Board’s order was warranted. Order enforced as modified.

    Cited 1 timesPublished
  • Valley Hospital Medical Center, Inc. v. National Labor Relations Board

    93 F.4th 1120 · Court of Appeals for the Ninth Circuit · Feb 20, 2024

    V. … B We will enforce a Board order when the Board’s factual findings are supported by substantial evidence, and the Board correctly applied the law. NLRB v.

    Cited 2 timesPublished
  • National Labor Relations Board v. Pinkerton's Nat. Detective Agency, Inc.

    202 F.2d 230 · Court of Appeals for the Ninth Circuit · Jan 29, 1953

    Thus in National Labor Relations Board v. Newspaper & Mail. Del. … National Labor Relations Board v.

    Cited 30 timesPublished
  • Robert Haden King, Jr. v. Neil Brown, Superintendent, Clallam Bay Corrections Center

    8 F.3d 1403 · Court of Appeals for the Ninth Circuit · Nov 3, 1993

    We review the district court’s factual findings for clear error, and state court findings of fact are entitled to a presumption of correctness. 2 Brown v. … In United States v.

    Cited 15 timesPublished

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