Legal Opinion

National Labor Relations Board v. Valley Bakery, Inc.

Court of Appeals for the Ninth Circuit

Decided February 24, 1993No. 91-70352PublishedCited by 6 opinions

1Opinion of the Court

CHOY, Circuit Judge:

The National Labor Relations Board (“NLRB” or “Board”) petitions for enforcement of its order that Valley Bakery, Inc. (“Valley” or “Company”) bargain with the Bakery, Confectionary & Tobacco Workers International Union, Local No. 85, AFL-CIO (“Union”). Because the Regional Director should have conducted an evidentiary hearing on the Company’s claims of election misconduct by the Union, we decline to enforce the Board’s order and remand for an evidentiary hearing.

I. PROCEDURAL & FACTUAL BACKGROUND

On April 19, 1990 the Union filed a petition seeking a representation…

2Cases cited22 opinions

  1. Procunier v. NavaretteSupreme Court of the United States · 1978
  2. Fu-Kong Tzung Jean Tzung v. State Farm Fire and Casualty Company, and Does 1 Through 100, InclusiveCourt of Appeals for the Ninth Circuit · 1989
  3. In Re Riverside-Linden Investment Co., Debtor. Ralph O. Boldt, Trustee Estes & Hoyt v. Kathryn Crake Earl HaferCourt of Appeals for the Ninth Circuit · 1991
  4. National Labor Relations Board v. Smith Industries, Inc.Court of Appeals for the Fifth Circuit · 1968
  5. National Labor Relations Board v. Sumter Plywood CorporationCourt of Appeals for the Fifth Circuit · 1976

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3Cited by6 opinions

  1. Alabama Power Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1993
  2. Abbott v. TrantDistrict Court, District of Columbia · 2009
  3. Alabama Power Company Georgia Power Company Gulf Power Company Mississippi Power Company Savannah Electric and Power Company Southern Company Services, Inc. v. Federal Energy Regulatory Commission, Alabama Public Service Commission City of Tallahassee, Florida Oglethorpe Power Corporation, Intervenors. Alabama Power Company Georgia Power Company Gulf Power Company Mississippi Power Company Savannah Electric and Power Company Southern Company Services, Inc. v. Federal Energy Regulatory Commission, Alabama Public Service Commission Cajun Electric Power Cooperative, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1993
  4. Dasisa v. United States Supreme Court Office of ClerkDistrict Court, District of Columbia · 2009
  5. Lorenz v. SuterDistrict Court, District of Columbia · 2009

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