Case law

Joint Council of Teamsters, No. 42 v. National Labor Relations Board

671 F.2d 305 · Court of Appeals for the Ninth Circuit · Dec 21, 1981

In doubtful situations, we give weight to the Board’s application of the Act, NLRB v. … See Associated General Contractors of California, Inc. v. N.L.R.B., 564 F.2d 271 (9th Cir. 1977). . The Board cannot arbitrarily impose different remedies in similar situations. See Burinskas v.

The May Department Stores Company v. National Labor Relations Board

454 F.2d 148 · Court of Appeals for the Ninth Circuit · Mar 20, 1972

This section has been interpreted to give the board wide latitude within its area of expertise. Packard Motor Car Co. v. N.L.R.B., 330 U.S. 485 , 67 S.Ct. 789 , 91 L.Ed. 1040 (1947); N.L.R.B. v. … We noted in Westward-Ho Hotel Co. v.

Howard Shaw v. State of Oregon Public Employees' Retirement Board

887 F.2d 947 · Court of Appeals for the Ninth Circuit · Oct 11, 1989

See Massachusetts Board of Retirement v. Murgia, 427 U.S. 307 , 96 S.Ct. 2562 , 49 L.Ed.2d 520 (1976) (per curiam). … Lamb v. Scripps College, 627 F.2d 1015 , 1021 n. 9 (9th Cir.1980).

United Grocers, Ltd. v. United States

308 F.2d 634 · Court of Appeals for the Ninth Circuit · Oct 9, 1962

Counsel for both parties rely upon decisions of the Supreme Court, appellee upon Detroit Edison Co. v. Commissioner, 1943, 319 U.S. 98 , 63 S.Ct. 902 , 87 L.Ed. 1286 , and appellant upon Brown Shoe Co. v. … case of American Automobile Assn. v.

Union Oil Company of California, Inc. v. National Labor Relations Board

607 F.2d 852 · Court of Appeals for the Ninth Circuit · Nov 14, 1979

On petition for enforcement, the Board’s ruling will stand as long as it is not arbitrary, capricious or unsupported by substantial evidence. 29 U.S.C. § 160 (e) (1976); Universal Camera Corp. v. … In this regard the Board’s ruling is well within the discretion granted it to promulgate standards for effective implementation of the National Labor Relations Act in the industrial context. See NLRB v.

Charles H. Henderson v. Federal Aviation Administration National Transportation Safety Board

7 F.3d 875 · Court of Appeals for the Ninth Circuit · Oct 18, 1993

Helms v. Bryan, 4 N.T.S.B. 1166 (1983); Busey v. Reed, No. SE-8649, 1990 WL 339006 (NTSB February 19, 1990). … Henderson cites Carman v. McArtor, No.

Alaska Industrial Board v. Chugach Electric Association

245 F.2d 855 · Court of Appeals for the Ninth Circuit · Jun 7, 1957

Libby, McNeill & Libby v. … He then received a lumpsum award of $3,600 for fifty per cent permanent disability, and payments for temporary disability thereupon ceased 9 Keehn v. Alaska Industrial Board, note 3, supra 10 Libby, McNeill & Libby v.

Financial Institution Employees of America v. National Labor Relations Board

788 F.2d 1411 · Court of Appeals for the Ninth Circuit · May 5, 1986

ORDER This matter is remanded for any necessary further proceedings in light of the recent opinion of the Supreme Court of the United States in NLRB v.

National Labor Relations Board v. One Stop Immigration

25 F. App'x 524 · Court of Appeals for the Ninth Circuit · Nov 28, 2001

MEMORANDUM * “Decisions of the NLRB [National Labor Relations Board] will be upheld on appeal if its findings of fact are supported by substantial evidence and if the agency correctly applied the law.” NLRB v. … NLRB v. Iron Workers of Cal., 124 F.3d 1094 , 1098 (9th Cir.1997). Having reviewed the record, we are convinced that the NLRB’s findings are supported by substantial evidence.

Roy O. Hoffman, Regional Director of Region 20 of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board v. Beer Drivers & Salesmen's Local Union No. 888, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and Alameda Central Labor Council, Roy O. Hoffman, Regional Director of Region 20 of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board v. Beer Drivers & Salesmen's Local Union No. 888, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, 1

536 F.2d 1268 · Court of Appeals for the Ninth Circuit · Jun 3, 1976

(National) Labor (Relations) Board v. Fainblatt, 306 U.S. 601, 607 , 307 U.S. 609 ( 59 S.Ct. 668 , 83 L.Ed. 1014 ); see also, (National) Labor (Relations) Board v. … Polish Alliance v. Labor Board, 322 U.S. 643, at 648 , 64 S.Ct. 1196, 1199 , 88 L.Ed. 1509 . See also Labor Board v.

San Francisco Shirt Works, Inc. v. National Labor Relations Board

558 F.2d 976 · Court of Appeals for the Ninth Circuit · Aug 10, 1977

We specifically agree with and emphasize the finding of the Board that the amount of production work performed by the company’s employees was de minimis. Neither Connell Construction Co. v. … . & Construction Trades Council v. NLRB, 415 F.2d 656 (CA9 1969), or cases cited by petitioner, lessen or, in any way, erode the logic of the Board’s decision.

Board of Natural Resources of the State of Washington and Washington State Board of Education v. Ronald H. Brown, Secretary of Commerce of the USA and the United States of America, County of Skamania County of Cowlitz County of Jefferson County of Lewis County of Pacific Edward McLarney County of Whatcom and County of Skagit v. Ronald H. Brown, Secretary of Commerce of the United States of America and the United States of America

992 F.2d 937 · Court of Appeals for the Ninth Circuit · May 4, 1993

Rep. 20 ,848 BOARD OF NATURAL RESOURCES OF the STATE OF WASHINGTON; and Washington State Board of Education, Plaintiffs-Appellants, v. Ronald H. … BROWN, * Secretary of Commerce of the USA; and the United States of America, Defendants-Appellees.

Healthcare Employees Union, Local 399 v. National Labor Relations Board

463 F.3d 909 · Court of Appeals for the Ninth Circuit · Sep 11, 2006

The Board's simple footnote, however, offers little insight into this otherwise fact-intensive case. See NLRB v. … Waste, Inc. v. NLRB, 359 F.3d 36, 41 (1st Cir. 2004) (holding suspicious timing and "myriad violations of § 8(a)(1)" was substantial evidence supporting Board's finding of animus); Power, Inc. v.

Healy Tibbitts Builders, Inc. v. Director, Office of Workers' Compensation Programs

444 F.3d 1095 · Court of Appeals for the Ninth Circuit · Apr 13, 2006

In Stewart v. Brown & Root, Inc., 7 B.R.B.S. 356, 365 (1978), and Joyner v. … See 33 U.S.C. § 902(3). 4180 HEALY TIBBITTS BUILDERS v. DIRECTOR, OWCP [12] We disagree that McGray Construction overruled the Board’s decisions in Hawkins and the Brown & Root cases.

Castle v. Woodford

279 F. App'x 577 · Court of Appeals for the Ninth Circuit · May 27, 2008

See Himes v. Thompson, 336 F.3d 848, 852-53 (9th Cir.2003); cf. Brown v. Poole, 337 F.3d 1155, 1159 (9th Cir.2003). Castle also contends that the Board’s decisions violated his right to due process. … However, there was no due process violation because some evidence supports the Board’s decisions. See Irons v. Carey, 505 F.3d 846, 851 (9th Cir.2007).

United States v. Todd Kevin Wallace

800 F.2d 1509 · Court of Appeals for the Ninth Circuit · Sep 30, 1986

Jalbert v. … United States v. Brown, 376 F.Supp. 451, 459 (W.D.Mo.), rev’d on other grounds, 508 F.2d 427 (8th Cir.1974) (relying on similar evidence to find that tear gas is a dangerous weapon under 49 U.S.C. § 1472 (f)).

Donald Beardslee v. Jill Brown, Warden, of the California State Prison at San Quentin

393 F.3d 1032 · Court of Appeals for the Ninth Circuit · Dec 29, 2004

Brown, - U.S. -, 125 S.Ct. 281 , 160 L.Ed.2d 68 (2004). … Beardslee v. Brown, 2004 WL 2965969, at *2 (9th Cir. Dec.16, 2004) (applying Brecht, 507 U.S. at 638 , 113 S.Ct. 1710 , harmless-error standard).

International Ass'n of Machinists & Aerospace Workers v. National Labor Relations Board

759 F.2d 1477 · Court of Appeals for the Ninth Circuit · May 13, 1985

NLRB v. Sunset House, 415 F.2d 545, 548 (9th Cir. 1969); NLRB v. Food Employers Council, Inc., 399 F.2d 501, 504-05 (9th Cir.1968); see also NLRB v. Retail Clerks Local 588, 587 F.2d 984, 988 (9th Cir.1978). … Some of these courts have found Board rulings to be arbitrary and capricious where they have been unexplained departures from NLRB precedent. See Consolidated Papers, Inc. v.

Varghese v. Uribe

736 F.3d 817 · Court of Appeals for the Ninth Circuit · Jun 26, 2013

See Hickman v. … Ake v.

Healthcare Employees Union, Local 399 v. National Labor Relations Board

441 F.3d 670 · Court of Appeals for the Ninth Circuit · Mar 16, 2006

The Board’s simple footnote, however, offers little insight into this otherwise fact-intensive case. See NLRB v. … Counsel for the Board, relying on Chamber of Commerce v. NLRB, 574 F.2d 457 , 463 (9th Cir.1978), states in its brief that we must uphold the Board’s decision unless it has no rational basis.