Legal Opinion

Douglas Aircraft Company, a Component of McDonnell Douglas Corporation v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided December 26, 1979No. 78-3436PublishedCited by 29 opinions

1Opinion of the Court

CHOY, Circuit Judge.

Douglas Aircraft petitions to set aside an order of the National Labor Relations Board (NLRB) which refused to defer to an arbitration award establishing that a worker was not fired because of his union activities. We agree that the Board should have deferred, and we set aside its order.

Douglas Aircraft discharged McMurphy, an employee. He filed a complaint with the NLRB and his union prosecuted a grievance under the collective bargaining agreement on his behalf, both claiming that he was fired because of his union activities. The grievance was pursued to arbitration, and…

2Cases cited7 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. Gateway Coal Co. v. United Mine WorkersSupreme Court of the United States · 1974
  3. National Labor Relations Board v. Industrial Union of Marine & Shipbuilding Workers of AmericaSupreme Court of the United States · 1968
  4. Hanford Atomic Metal Trades Council, Afl-Cio, and C. L. Williams v. General Electric Company, a CorporationCourt of Appeals for the Ninth Circuit · 1966
  5. Thomas D. Ramsey v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1964

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. National Labor Relations Board v. Pincus Brothers, Inc.-MaxwellCourt of Appeals for the Third Circuit · 1980
  2. National Labor Relations Board v. General Warehouse CorporationCourt of Appeals for the Third Circuit · 1981
  3. Cannery Warehousemen, Food Processors, Drivers and Helpers for Teamsters Local Union 748 v. Haig Berberian, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1980
  4. Ad Art, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1981
  5. National Labor Relations Board v. Max Factor and Company v. Luisa Gratz, IntervenorCourt of Appeals for the Ninth Circuit · 1981

24 more not listed; retrieve them via the Exa API.

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