Legal Opinion · Concurring in part, dissenting in part

Cascade General, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

Court of Appeals for the Ninth Circuit

Decided November 5, 1993No. 91-70547, 91-70605Published

1Concurring in part, dissenting in partRymer, Circuit Judge

I agree with my colleagues that there is substantial evidence in the record to support the National Labor Relations Board’s conclusion that Cascade General’s recognition of Local 1-369 of the Oil, Chemical & Atomic Workers (OCAW) violated the National Labor Relations Act. Therefore, I join Parts I and II of the majority opinion. However, because I believe that the dues reimbursement remedy imposed by the NLRB is a punitive measure that is beyond the Board’s remedial powers, I dissent.

I

The petitioner, Cascade General, is in the business of ship repair. Because this business depends on…

2Cases cited10 opinions

Radio Officers' Union of the Commercial Telegraphers Union v. National Labor Relations BoardSupreme Court of the United States · 1954
Sure-Tan, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1984
Virginia Electric & Power Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
International Ladies' Garment Workers' Union v. National Labor Relations BoardSupreme Court of the United States · 1961
Premium Foods, Incorporated, and v. National Labor Relations Board, AndCourt of Appeals for the Ninth Circuit · 1983

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