N.L.R.B. v. Silver Bay Local Union No. 962, Intern. Broth. of Pulp, Sulphite & Paper Mill Workers

Decision Date04 February 1975
Docket NumberR,No. 73--1037,AFL-CI,73--1037
Parties88 L.R.R.M. (BNA) 3279 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SILVER BAY LOCAL UNION NO. 962, INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND PAPER MILL WORKERS,espondent.
CourtU.S. Court of Appeals — Ninth Circuit

Stanley Zirkin (argued), N.L.R.B., Washington, D.C., for petitioner.

Lawrence R. Schwerin (argued), Donaldson, Hafer, Cassidy & Price, Seattle, Wash., for respondent.

Before KOELSCH, CARTER and WRIGHT, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Our opinion of May 22, 1974, vacated that portion of the Board's order which awarded back pay to a supervisor and remanded to the Board for further proceedings. NLRB v. Silver Bay Local Union No. 962, 498 F.2d 26 (9th Cir. 1974). We said, quoting from NLRB v. International Union of Operating Engineers, Local 925, 460 F.2d 589, at 605 (5th Cir.):

'If the ruling was inadvertent, the matter will stop there. If the Board is still of the opinion that (Niesen is entitled to back pay), the facts which distinguish this case from the Board's prior decisions should be articulated. If this case represents a change in Board policy, the new policy should be explicated. Only then can this court properly consider respondents' contention that the Board has exceeded its statutory authority.'

498 F.2d at 29.

By its Supplemental Decision and Order of December 9, 1974 (215 NLRB 79), the Board has explained its policy and the basis of its determination and has reaffirmed its earlier order of August 7, 1972.

We adopt and approve the Board's decision and direct that it be enforced in full.

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3 cases
  • N.L.R.B. v. Nevis Industries, Inc.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 8, 1981
    ...1980). See also NLRB v. Local 962, Pulp & Paper Workers, 498 F.2d 26, 28-29 (9th Cir. 1974), enforced on petition after remand, 510 F.2d 1364 (9th Cir. 1975). Reinstatement is not warranted merely because employees are put in fear of losing their jobs and thereby restrained In the instant c......
  • Local 814, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen v. N.L.R.B.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • September 17, 1976
    ...has fully complied with this court's remand mandate. Local 814, Teamsters v. NLRB, supra, 512 F.2d at 567; see NLRB v. Silver Bay Local 962, 510 F.2d 1364 (9th Cir. 1975). A majority of the Board found seven factual distinctions between Molloy and Santini. 1 Petitioner Local 814 attacks the......
  • N.L.R.B. v. Local Union No. 725 of United Ass'n of Journeymen and Apprentices of Plumbing and Pipefitting Industry of U.S. and Canada, AFL-CIO
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • May 5, 1978
    ...can be based on coercion of employees. Furthermore, after remand, the award to the supervisor in Silver Bay was upheld. 510 F.2d 1364 (9th Cir. 1975). Additional support for enforcement of this order comes from Justice Harlan's opinion for a unanimous Court in Local 207, Iron Workers v. Per......

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