DAVID O'REILLY, PETITIONER,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT, AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, LOCAL LODGE NO. 504, INTERVENOR. MORTON SALT COMPANY, A DIVISION OF MORTON INTERNATIONAL, INC., PETITIONER, V. NATIONAL LABOR RELATIONS BOARD, RESPONDENT, AND INTERNATIONAL ASSOCIATION OF MACHINISTS, OAKLAND LODGE NO. 284, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, INTERVENOR

9th Cir. | 1975-01-17
Nos. 26892, 71-1853
Before CHAMBERS and BROWNING, Circuit Judges, and SHARP, District Judge.
510 F.2d 428 United States Court of Appeals for the Ninth Circuit (1975) Positive Treatment
Cited by 4 cases

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Holding

The court denied petitions to review orders of the National Labor Relations Board, adhering to prior rulings and acknowledging a Supreme Court decision settling a key issue.


Facts & Procedural History

The cases were remanded for reconsideration in light of N.L.R.B. v. Boeing Company. In one case, the court reaffirmed its prior holdings regarding the…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

The Supreme Court vacated the judgments in these cases and remanded them for reconsideration in light of N.L.R.B. v. Boeing Company, 412 U.S. 67, 93 S.Ct. 1952, 36 L.Ed.2d 752 (1973). Machinists and Aerospace Workers Local 504 v. O’Reilly, 414 U.S. 807, 94 S.Ct. 36, 38 L.Ed.2d 43 (1973).

In No. 71 — 1853, we continue to adhere to those portions of our opinion, reported at 472 F. 2d 416 (9th Cir. 1972), holding that the Board properly defined the issues before it and that the “no-strike” provision of the collective bargaining agreement had no application to the honoring of a sister union’s lawful picket line.

As for the other issue in the case, the Supreme Court has settled that it is not within the purview of the Board’s responsibility to review the reasonableness of disciplinary fines imposed by unions upon their members. N.L.R.B. v. Boeing Company, supra.

Accordingly, the petition to review the order of the National Labor Relations Board is denied.

In No. 26,892, the single issue presented is that which is now concluded by Boeing. Therefore, the petition to review the order of the National Labor Relations Board is denied.


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