National Labor Relations Board v. Silver Bay Local Union No. 962, International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Afl-Cio

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Our opinion of May 22, 1974, vacated that portion of the Board’s order which awarded back pay to a supervisor and remanded to the Board for further proceedings. NLRB v. Silver Bay Local Union No. 962, 498 F.2d 26 (9th Cir. 1974). We said, quoting from NLRB v. International Union of Operating Engineers, Local 925, 460 F.2d 589, at 605 (5th Cir.):

“If the ruling was inadvertent, the matter will stop there. If the Board is still of the opinion that [Niesen is entitled to back pay], the facts which distinguish this case from the Board’s prior decisions should…