Legal Opinion · Dissent
Parsons Electric Company v. National Labor Relations Board, National Labor Relations Board v. Parsons Electric Company
Court of Appeals for the Eighth Circuit
Decided November 27, 1992No. 91-3144, 91-3391Published
1DissentBright, Senior Circuit Judge
I dissent because this court’s failure to discuss, let alone decide, this case within the context and parameters of the appropriate review standard, in my opinion, leads to an erroneous decision.
The majority appears, although never so states, to review this case de novo. Our jurisdictional scheme, however, denies us the opportunity to take a fresh, new look at the record. Rather, we are compelled to affirm the Board’s decision if it is “substantially supported by the evidence and reasonably based in law.” WCCO Radio, Inc. v. NLRB, 844 F.2d 511, 514 (8th Cir.1988) (citing Bauer Welding & Metal…
2Cases cited9 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- National Labor Relations Board v. Acme Industrial Co.Supreme Court of the United States · 1967
- Emeryville Research Center, Shell Development Company, a Division of Shell Oil Co. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1971
- Schnuck Markets, Inc. v. National Labor Relations Board, National Labor Relations Board v. Schnuck Markets, Inc.Court of Appeals for the Eighth Circuit · 1992
- Harley Hall D/B/A Hall Construction v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1991
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