Legal Opinion

Beneli v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided October 17, 2017No. 15-73426PublishedCited by 3 opinions

1Opinion of the Court

Concurrence by Judge W. Fletcher

OPINION

HUCK, District Judge:

The central issue on appeal is whether the National Labor Relations Board (the “NLRB” or “Board”) properly determined that a new standard for deferring to arbi-tral decisions, which was developed by the Board in the underlying case, should only be applied prospectively. As a result of the prospective application of the new standard, Petitioner Coletta Kim Beneli’s unfair labor practice complaint against Respondent-Intervenor Babcock & Wilcox Construction Co., Inc. (“B&W”) was analyzed under the previous standard and consequently…

2Cases cited10 opinions

  1. National Labor Relations Board v. Guy F. Atkinson Co.Court of Appeals for the Ninth Circuit · 1952
  2. Montgomery Ward & Co., Incorporated v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1982
  3. Oil, Chemical and Atomic Workers International Union, Local 1-547 v. National Labor Relations Board, Chevron, Usa, Respondent-IntervenorCourt of Appeals for the Ninth Circuit · 1988
  4. National Labor Relations Board v. Best Products Co., Inc.Court of Appeals for the Ninth Circuit · 1985
  5. Douglas Aircraft Company, a Component of McDonnell Douglas Corporation v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1979

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3Cited by3 opinions

  1. Amilcar Francisco-Lopez v. Attorney General USACourt of Appeals for the Third Circuit · 2020
  2. Amilcar Francisco-Lopez v. Attorney General USACourt of Appeals for the Third Circuit · 2020
  3. Comcast of Oregon II, Inc. v. City of BeavertonDistrict Court, D. Oregon · 2022

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