Bob's Big Boy Family Restaurants, a Division of Marriott Corporation v. National Labor Relations Board

WALLACE, Circuit Judge.

This petition seeks review of a National Labor Relations Board (Board) refusal to apply its “contract-bar” rule. It requires us to determine the scope of the Board’s discretion in applying its own rules. Finding that the Board failed to justify its departure from prior announcements of policy and procedure, we deny enforcement and remand.

I

Bob’s Big Boy Family Restaurants (Company) signed a collective bargaining agreement with Bob’s Employees’ Association (Association) in December 1974. Approximately three years later, Local No. 37 of the Bakery and Confectionary Workers…