Foley-Wismer & Becker and Shurtleff & Andrews Constructors v. National Labor Relations Board
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERGUSON, Circuit Judge:
Petitioners seek review of an order of the National Labor Relations Board quashing notice of a hearing under section 10(k) of the National Labor Relations Act, 29 U.S.C. § 160(k). 1 Other circuits have held that such an order is not appealable. 2 This circuit has taken a different view, holding that such orders are appealable final orders. Waterway Terminals Co. v. NLRB, 467 F.2d 1011 (9th Cir. 1972). The present case was taken en banc to consider whether Waterway should be overruled. The considerations that supported our decision in Waterway are as compelling now as…
Also in this document: Dissent.
2Cases cited14 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
- Boire v. Greyhound Corp.Supreme Court of the United States · 1964
- National Labor Relations Board v. Radio & Television Broadcast Engineers Union, Local 1212Supreme Court of the United States · 1961
- National Labor Relations Board v. Plasterers' Local Union No. 79Supreme Court of the United States · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Uscp-Wesco, Inc. v. National Labor Relations Board, United Food and Commercial Workers Union, IntervenorsCourt of Appeals for the Ninth Circuit · 1987
- Castillo v. Ice Field Office DirectorDistrict Court, W.D. Washington · 2012
- Foley-Wismer & Becker and Shurtleff & Andrews Construction v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1982
- International Longshore & Warehouse Union v. ICTSI Oregon, Inc.District Court, D. Oregon · 2013
- Recon Refractory & Construction Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 2005
4 more not listed; retrieve them via the Exa API.