N.L.R.B. v. Yellow Transp. Co., a Div. of Yellow Cab Co-op., Inc., No. 82-7021

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore GOODWIN, KENNEDY and ALARCON; PER CURIAM
Citation709 F.2d 1342
Parties114 L.R.R.M. (BNA) 2466, 98 Lab.Cas. P 10,287 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. YELLOW TRANSPORTATION COMPANY, A DIVISION OF YELLOW CAB COOPERATIVE, INC., Respondent.
Docket NumberNo. 82-7021
Decision Date08 July 1983

Page 1342

709 F.2d 1342
114 L.R.R.M. (BNA) 2466, 98 Lab.Cas. P 10,287
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
YELLOW TRANSPORTATION COMPANY, A DIVISION OF YELLOW CAB
COOPERATIVE, INC., Respondent.
No. 82-7021.
United States Court of Appeals,
Ninth Circuit.
Submitted March 23, 1983. 1
Decided July 8, 1983.

William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Assoc. Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, Paul J. Spielberg, Deputy Asst. Gen. Counsel, Washington, D.C., for petitioner.

James J. Meyers, Jr., Berman, Cassel & Carter, San Francisco, Cal., for respondent.

Petition for Enforcement of an Order of the National Labor Relations Board.

Before GOODWIN, KENNEDY and ALARCON, Circuit Judges.

PER CURIAM.

The National Labor Relations Board petitions for enforcement of its order to the Yellow Transportation Company (Yellow Cab) to bargain in good faith with the Independent Cab Drivers Association (the Drivers). The National Labor Relations Board certified an election in which Yellow Cab drivers voted to make the Drivers their collective bargaining representative.

Yellow Cab contends that the Drivers made misrepresentations in printed leaflets circulated during the campaign. Yellow Cab countered Drivers' leaflets with its own leaflets and posted notices. The National Labor Relations Board did not hold a full scale evidentiary hearing concerning the misrepresentations because it concluded that under the law governing elections, Yellow Cab had not made out even a prima facie case of misrepresentations that would require setting aside the election.

Page 1343

The National Labor Relations Board's findings of fact must be upheld if they are supported by "substantial evidence" and its legal conclusions affirmed unless they are "arbitrary and capricious." N.L.R.B. v. International Ass'n of Bridge, Etc., 549 F.2d 634, 640 (9th Cir.), cert. denied, 434 U.S. 832, 98 S.Ct. 116, 54 L.Ed.2d 92 (1977). An evidentiary hearing regarding electoral conduct is required only where the party objecting to the election presents "evidence sufficient to make a prima facie showing as to the alleged facts, which if true, would require a new election." Alson Mfg. Aero. Div. of Alson Indus., Inc. v. N.L.R.B., 523 F.2d 470, 472 (9th Cir.1975).

At the time Yellow Cab objected to the election, the law governing the case was stated in Hollywood Ceramics Company, Inc., 140 N.L.R.B. 221 (1962). Under that...

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11 practice notes
  • Chamber of Commerce of U.S. v. Lockyer, No. 03-55166.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 6, 2005
    ...statements, and that we will not set elections aside on the basis of misleading campaign statements."); NLRB v. Yellow Transp. Co., 709 F.2d 1342, 1343 (9th Cir.1983) (recognizing We have consistently emphasized the importance of an employer's freedom of speech in labor relations matters. "......
  • N.L.R.B. v. Best Products Co., Inc., No. 84-7645
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 10, 1985
    ...retroactivity decision. This court has applied Midland in one per curiam decision. See N.L.R.B. v. Yellow Transportation Company, 709 F.2d 1342, 1343 (9th Cir.1983). The court implicitly approved both the Midland doctrine and its retroactivity. Other circuits have been explicit in their app......
  • Trencor, Inc. v. N.L.R.B., No. 96-60130
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 8, 1997
    ...Ctr., Inc., 721 F.2d 886, 892 (2d Cir.1983); NLRB v. Monark Boat Co., 713 F.2d 355, 360 (8th Cir.1983); NLRB v. Yellow Transp. Co., 709 F.2d 1342 (9th Cir.1983). However, two other circuits, while approving the Board's decision in a particular case, held that an election might be overturned......
  • Hickman Harbor Service, a Div. of Flowers Transp. Co. v. N.L.R.B., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 16, 1984
    ...Life should be applied retroactively); NLRB v. Monark Boat Co., 713 F.2d 355, 361 (8th Cir.1983); NLRB v. Yellow Transportation Co., 709 F.2d 1342 (9th Cir.1983) (per curiam ); N.L.R.B. v. Milwaukee Brush Mfg. Co., 705 F.2d 257 (7th Cir.1983) (per curiam ); NLRB v. Rolligon Corp., 702 F.2d ......
  • Request a trial to view additional results
11 cases
  • Chamber of Commerce of U.S. v. Lockyer, No. 03-55166.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 6, 2005
    ...statements, and that we will not set elections aside on the basis of misleading campaign statements."); NLRB v. Yellow Transp. Co., 709 F.2d 1342, 1343 (9th Cir.1983) (recognizing We have consistently emphasized the importance of an employer's freedom of speech in labor relations matters. "......
  • N.L.R.B. v. Best Products Co., Inc., No. 84-7645
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 10, 1985
    ...retroactivity decision. This court has applied Midland in one per curiam decision. See N.L.R.B. v. Yellow Transportation Company, 709 F.2d 1342, 1343 (9th Cir.1983). The court implicitly approved both the Midland doctrine and its retroactivity. Other circuits have been explicit in their app......
  • Trencor, Inc. v. N.L.R.B., No. 96-60130
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 8, 1997
    ...Ctr., Inc., 721 F.2d 886, 892 (2d Cir.1983); NLRB v. Monark Boat Co., 713 F.2d 355, 360 (8th Cir.1983); NLRB v. Yellow Transp. Co., 709 F.2d 1342 (9th Cir.1983). However, two other circuits, while approving the Board's decision in a particular case, held that an election might be overturned......
  • Hickman Harbor Service, a Div. of Flowers Transp. Co. v. N.L.R.B., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 16, 1984
    ...Life should be applied retroactively); NLRB v. Monark Boat Co., 713 F.2d 355, 361 (8th Cir.1983); NLRB v. Yellow Transportation Co., 709 F.2d 1342 (9th Cir.1983) (per curiam ); N.L.R.B. v. Milwaukee Brush Mfg. Co., 705 F.2d 257 (7th Cir.1983) (per curiam ); NLRB v. Rolligon Corp., 702 F.2d ......
  • Request a trial to view additional results

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