Beneli v. National Labor Relations Board

I concur in-the result. However, I respectfully dissent from the majority’s use of the factors articulated in Montgomery Ward & Co. v. FTC, 691 F.2d 1322, 1333 (9th Cir. 1982) (relying on Retail, Wholesale and Department Store Union v. NLRB, 466 F.2d 380, 390-93 (D.C. Cir. 1972)), to review a decision of the National Labor Relations Board to apply only prospectively a new rule declared in-an adjudicative proceeding.

Prior to its decision in this case, the Board reviewed arbitral decisions under a highly deferential standard. .During the administrative appeal in this case, the Board changed its…