Legal Opinion · Dissent

Hotel Holiday Inn De Isla Verde v. National Labor Relations Board

Court of Appeals for the First Circuit

Decided December 20, 1983No. 83-1224Published

1Dissent

BREYER, Circuit Judge,,

dissenting.

I disagree with my brethren because I would interpret the agency’s decision somewhat more generously, and, as so interpreted, it complies with the law. The law in respect to settlement agreements is fairly clear. The Board has the power to set aside an unfair labor practice settlement and impose its own remedy. Indeed, section 10(a) ■ of the N.L.R.A., 29 U.S.C. § 160(a), specifically states that the Board’s power to prevent unfair labor practices “shall not be affected by any other means of adjustment or prevention that has been or may be established by…

2Cases cited13 opinions

  1. Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
  2. Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973
  3. National Labor Relations Board v. Erie Resistor Corp.Supreme Court of the United States · 1963
  4. Lodges 743 & 1746, International Ass'n of Machinists Workers v. United Aircraft Corp.Court of Appeals for the Second Circuit · 1975
  5. National Labor Relations Board v. Walt Disney ProductionsCourt of Appeals for the Ninth Circuit · 1944

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