Legal Opinion

Financial Institution Employees, Local No. 1182 v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided August 2, 1984No. 82-7736PublishedCited by 2 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

The National Labor Relations Board now requires that non-union employees participate in a certified union’s internal decision to affiliate with another labor organization before the Board will amend the newly-affiliated union’s certification as the unit’s exclusive bargaining representative. The question before us is whether the new rule is rational and consistent with the National Labor Relations Act (NLRA). Because the rule fails this test, we grant the union’s petition for review and reject the rule.

PROCEDURAL BACKGROUND

A. Affiliation Decisions and the Board’s New…

2Cases cited18 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
  3. National Labor Relations Board v. Allis-Chalmers Manufacturing Co.Supreme Court of the United States · 1967
  4. Ford Motor Co. (Chicago Stamping Plant) v. National Labor Relations BoardSupreme Court of the United States · 1979
  5. Brooks v. National Labor Relations BoardSupreme Court of the United States · 1954

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3Cited by2 opinions

  1. Financial Institution Employees Of America, Local No. 1182, Chartered By United Food And Commercial Workers International Union, Afl-Cio, Petitioner v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1984
  2. Van Kirk v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIODistrict Court, D. Arizona · 2022

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