Legal Opinion · Concurring in part, dissenting in part
National Labor Relations Board v. Advanced Stretchforming International, Inc.
Court of Appeals for the Ninth Circuit
Decided November 22, 2000No. 97-71047Published
1Concurring in part, dissenting in partO’Scannlain, Circuit Judge
I concur in Part I of the court’s opinion, granting summary enforcement to the National Labor Relations Board’s (“Board”) order of prospective relief to redress Advanced Stretchforming International, Inc.’s (“ASI”) violations of the National Labor Relations Act (“NLRA”).
I must respectfully dissent, however, from Parts II and III. In my view, the Board’s award of back pay under the terms of the collective bargaining agreement of ASI’s predecessor violates the holding of NLRB v. Burns Int’l Security Services, Inc., 406 U.S. 272, 92 S.Ct. 1571, 32 L.Ed.2d 61 (1972). This award does nothing to…
2Cases cited7 opinions
- Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
- National Labor Relations Board v. Burns International Security Services, Inc.Supreme Court of the United States · 1972
- Sure-Tan, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1984
- Karl Kallmann, D/B/A Love's Barbeque Restaurant, No. 62, and Cross v. National Labor Relations Board, AndCourt of Appeals for the Ninth Circuit · 1981
- Capital Cleaning Contractors, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the D.C. Circuit · 1998
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