Legal Opinion

National Labor Relations Board v. Masonic Homes of California, Inc., Hospital and Institutional Workers Union, Local 250, Intervenor

Court of Appeals for the Ninth Circuit

Decided July 25, 1980No. 79-7377PublishedCited by 8 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

The Board seeks to enforce its order finding that Masonic violated 29 U.S.C. § 158(a)(5) and (1) by refusing to bargain with Local 250 (the Union). Masonic contends that its refusal to bargain was not an unfair practice because the Board improperly certified the Union without hearing Masonic’s objections to the representation election. Masonic has shown facts raising material questions as to the validity of the election results. We deny enforcement and remand for an evidentiary hearing.

I. FACTS

The employees of Masonic, a nursing home, voted in a representation…

2Cases cited11 opinions

  1. National Labor Relations Board v. Savair Manufacturing Co.Supreme Court of the United States · 1973
  2. National Labor Relations Board v. Sauk Valley Manufacturing Co., Inc.Court of Appeals for the Ninth Circuit · 1973
  3. National Labor Relations Board v. Aaron Brothers Corp.Court of Appeals for the Ninth Circuit · 1977
  4. National Labor Relations Board v. Miramar of California, Inc.Court of Appeals for the Ninth Circuit · 1979
  5. Gulf Coast Automotive Warehouse Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1979

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. National Labor Relations Board v. Advanced Systems, Inc.Court of Appeals for the Ninth Circuit · 1982
  2. Spring City Knitting Company v. National Labor Relations Board, International Ladies' Garment Workers' Union, IntervenorCourt of Appeals for the Ninth Circuit · 1981
  3. The May Department Stores Company, and v. National Labor Relations Board, AndCourt of Appeals for the Ninth Circuit · 1983
  4. National Labor Relations Board v. Eskimo Radiator Mfg. Co.Court of Appeals for the Ninth Circuit · 1982
  5. El Monte Tool and Die Casting, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1980

3 more not listed; retrieve them via the Exa API.

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