Legal Opinion

Servair, Inc. v. National Labor Relations Board, National Labor Relations Board v. Servair, Inc.

Court of Appeals for the Ninth Circuit

Decided February 28, 1984No. 82-7691, 83-7034PublishedCited by 9 opinions

1Opinion of the Court

GOODWIN, Circuit Judge.

Servair petitions this court under 29 U.S.C. § 160(f) to set aside an order of the National Labor Relations Board finding that Servair violated § 8 of the National Labor Relations Act, 29 U.S.C. § 158, by discharging 19 employees. Servair contests the Board’s refusal to defer to an earlier arbitration decision in Servair’s favor. The Board found that the strike had been in response to the illegal discharge of a fellow-employee and was therefore protected activity despite the “no-strike” clause in the collective bargaining agreement. See Mas- tro Plastics Corp. v. Labor…

2Cases cited27 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  3. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  4. Mastro Plastics Corp. v. National Labor Relations BoardSupreme Court of the United States · 1956
  5. Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973

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3Cited by9 opinions

  1. Dominic Garcia v. National Labor Relations Board, United Parcel Service, Intervenor-RespondentCourt of Appeals for the Ninth Circuit · 1986
  2. NLRB v. Nexstar Broadcasting, Inc.Court of Appeals for the Ninth Circuit · 2021
  3. National Labor Relations Board v. International Brotherhood Of Electrical Workers, Local 11, Afl-CioCourt of Appeals for the Ninth Circuit · 1985
  4. Mahon v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1987
  5. National Labor Relations Board v. International Brotherhood of Electrical Workers, Local 11Court of Appeals for the Ninth Circuit · 1985

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