Legal Opinion · Concurring in part, dissenting in part

Cascade General, Petitioner-Respondent v. National Labor Relations Board, Respondent-Petitioner

Court of Appeals for the Ninth Circuit

Decided June 24, 1993No. 91-70547, 91-70605Published

1Concurring in part, dissenting in partRymer, Circuit Judge

I agree with my colleagues that there is substantial evidence in the record to support the National Labor Relations Board’s conclusion that Cascade General’s recognition of Local 1-369 of the Oil, Chemical & Atomic *578Workers (OCAW) violated the National Labor Relations Act. Therefore, I join Parts I and II of the majority opinion. However, because I believe that the dues reimbursement remedy imposed by the NLRB is a punitive measure that is beyond the Board’s remedial powers, I dissent.

I

The petitioner, Cascade General, is in the business of ship repair. Because this business depends on…

2Cases cited9 opinions

  1. Sure-Tan, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1984
  2. Virginia Electric & Power Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
  3. International Ladies' Garment Workers' Union v. National Labor Relations BoardSupreme Court of the United States · 1961
  4. Premium Foods, Incorporated, and v. National Labor Relations Board, AndCourt of Appeals for the Ninth Circuit · 1983
  5. Intalco Aluminum Corporation v. National Labor Relations Board, and International Association of MacHinists and Aerospace Workers, Afl-Cio, IntervenorCourt of Appeals for the Ninth Circuit · 1969

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