Legal Opinion

Southwest Merchandising Corporation D/B/A Handy Andy, Inc. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided September 13, 1991No. 89-1719PublishedCited by 14 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Southwest Merchandising Corporation (the Employer) petitions for review of an order of the National Labor Relations Board, which determined that it violated §§ 8(a)(3) and 8(a)(1) of the National Labor Relations Act by discriminating against former strikers in hiring new employees. The Board has filed a cross-application for enforcement of its order. Because the reasoning of the Board’s decision is not clear, we deny enforcement, grant the Employer’s petition, and remand for clarification.

I. Background

In…

2Cases cited14 opinions

  1. National Labor Relations Board v. KatzSupreme Court of the United States · 1962
  2. National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
  3. National Labor Relations Board v. Burns International Security Services, Inc.Supreme Court of the United States · 1972
  4. Howard Johnson Co. v. Detroit Local Joint Executive BoardSupreme Court of the United States · 1974
  5. Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952

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3Cited by14 opinions

  1. Checkosky v. SecCourt of Appeals for the D.C. Circuit · 1994
  2. Southwest Merchandising Corporation, D/B/A Handy Andy, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1995
  3. Checkosky v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 1994
  4. Progressive Electric, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2006
  5. Chicago Tribune Company v. National Labor Relations Board, and Local 134, International Brotherhood of Electrical Workers, Afl-Cio, InterveningCourt of Appeals for the Seventh Circuit · 1992

9 more not listed; retrieve them via the Exa API.

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