Legal Opinion

Hotel and Restaurant Employees and Bartenders Union, Local 2 v. National Labor Relations Board, and Lord Jim's, Intervenor

Court of Appeals for the Ninth Circuit

Decided June 22, 1984No. 82-7579Published

1Opinion of the Court

WYZANSKI, Senior District Judge.

Hotel and Restaurant Employees and Bartenders Union, Local 2 (Local 2) appeals from the order of the National Labor Relations Board (Board) dismissing the Local’s complaint that Lord Jim’s violated 29 U.S.C. §§ 158(a)(1) and (5) by refusing to bargain in good faith.

A preliminary question is whether Local 2 filed with the Board timely exceptions to the Administrative Law Judge’s decision so as to give the Board jurisdiction. The undisputed facts are that the General Counsel of the Board took timely exceptions; and that within the allotted time Local 2 adopted…

2Cases cited5 opinions

  1. Don Vestal v. James R. Hoffa, International Brotherhood of Teamsters, Etc. v. Don VestalCourt of Appeals for the Sixth Circuit · 1971
  2. Carpinteria Lemon Ass'n v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1956
  3. Amoco Production Company v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1980
  4. Retail Store Employees Union, Local 428, Retail Clerks International v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1975
  5. Kahn v. Hotel & Restaurant Employees' & Bartenders International UnionDistrict Court, N.D. California · 1977

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