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N.L.R.B. v. CHEESE BARN, INC.

No. 76-1797.

558 F.2d 526 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CHEESE BARN, INC. d/b/a Hickory Farms of Ohio, Respondent.

United States Court of Appeals, Ninth Circuit.

July 7, 1977.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Michael D. Stein, Atty., Washington, D. C., argued for petitioner.

Warren C. Ogden, Jr., argued, Davis, Wright, Todd, Riese & Jones, Seattle, Wash., for respondent.

Before BROWNING, TRASK and WALLACE, Circuit Judges.

WALLACE, Circuit Judge:

The National Labor Relations Board (Board) found Cheese Barn, Inc. (Cheese Barn) guilty of an unfair labor practice: insisting to impasse on a nonmandatory subject of bargaining, in this case, a clause requiring bargaining unit employee ratification of the proposed collective bargaining agreement as a condition precedent to its operation. As part of the remedy, the Board ordered Cheese Barn to execute...

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