Legal Opinion
Marie E. Darr v. National Labor Relations Board, and Cone Mills Corporation, Intervenor
Court of Appeals for the D.C. Circuit
Decided October 2, 1986No. 85-1499PublishedCited by 26 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
Petitioner, Marie Darr, challenges a National Labor Relations Board decision to defer to an arbitrator’s award denying her backpay as a remedy for an unlawful discharge. She argues that the arbitrator’s findings establish that the discharge violated the National Labor Relations Act and that Board precedent requires a make-whole remedy. Because we find the Board’s justification for deferring inadequate, we remand the case to the Board for further consideration (or explanation) of why deferral is appropriate.
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2Cases cited15 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Paul Hammontree v. National Labor Relations Board, Consolidated Freightways Corporation of Delaware, IntervenorCourt of Appeals for the D.C. Circuit · 1991
- 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
- Thomas R. Harberson and Bill Talley v. National Labor Relations Board, and Hilton Hotels Corporation, D/B/A the Denver Hilton Hotel, IntervenorCourt of Appeals for the Tenth Circuit · 1987
- Plumbers and Pipefitters Local Union No. 520 v. National Labor Relations Board, Ue & C-Catalytic, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1992
- Utility Workers Union of America, Local 246, Afl-Cio v. National Labor Relations Board, Southern California Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1994
21 more not listed; retrieve them via the Exa API.