Legal Opinion
National Labor Relations Board v. International Association of Bridge, Structural, Ornamental & Reinforced Iron Workers Union, Local 378
Court of Appeals for the Ninth Circuit
Decided January 31, 1973No. 71-2932PublishedCited by 10 opinions
1Per curiam
The Board’s Decision and Order, reported at 191 NLRB No. 73, will be enforced. The critical factual determinations upon which the Board based its decision are clearly supported by substantial evidence.
We reject the respondent’s contention that the aggrieved employee failed to exhaust administrative remedies which the respondent urges were available under a collective bargaining agreement, consummated after the unfair labor practice had occurred. “[W]here the facts create both an arbitrable dispute and a possible unfair labor practice, the Board has discretion to issue a complaint or to defer…
2Cases cited4 opinions
- National Labor Relations Board v. Seven-Up Bottling Co. of Miami, Inc.Supreme Court of the United States · 1953
- National Labor Relations Board v. StrongSupreme Court of the United States · 1969
- National Labor Relations Board v. Thor Power Tool CompanyCourt of Appeals for the Seventh Circuit · 1965
- National Labor Relations Board v. Giustina Bros. Lumber Co.Court of Appeals for the Ninth Circuit · 1958
3Cited by10 opinions
- Associated Press v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1974
- National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 952Court of Appeals for the Ninth Circuit · 1985
- National Labor Relations Board v. Legacy Health SystemCourt of Appeals for the Ninth Circuit · 2011
- National Labor Relations Board v. International Association of Bridge, Structural and Reinforced Iron Workers Union, Local 378, Afl-CioCourt of Appeals for the Ninth Circuit · 1976
- Associated Press v. National Labor Relations Board, Wire Service Guild, Local 222, the News-Paper Guild, Afl-Cio-Clc, Intervenor. Noel M. Yancey v. National Labor Relations Board, the Associated Press, IntervenorCourt of Appeals for the D.C. Circuit · 1974
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