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National Labor Relations Board v. Silver Bay Local Union No. 962, International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Afl-Cio

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SILVER BAY LOCAL UNION NO. 962, INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND PAPER MILL WORKERS, AFL-CIO, Respondent

Nat'l Labor Relations Bd. v. Silver Bay Local Union No. 962, Int'l Bhd. of Pulp, Sulphite & Paper Mill Workers, Afl-Cio, 510 F.2d 1364 (9th Cir. 1975)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 28, 1975
Docket
No. 73--1037
Judges
Koelsch, Carter, Wright
Citations
510 F.2d 1364

Opinion — Wright

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1976: 11977: 11978: 11981: 119762026peak 1976 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Nat'l Labor Relations Bd. v. Silver Bay Local Union No. 962, Int'l Bhd. of Pulp, Sulphite& Paper Mill Workers, Afl-Cio, 498 F.2d 26 (9th Cir. 1974) 17
Nat'l Labor Relations Bd. v. Int'l Union of Operating Engineers, Local 925, Aflcio, & Its Bus. Manager, H. B. Roberts, 460 F.2d 589 (5th Cir. 1972) 45

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