DOUGLAS AIRCRAFT CO. v. N. L. R. B.

No. 78-3436.

609 F.2d 352 (1979)

DOUGLAS AIRCRAFT COMPANY, a component of McDonnell Douglas Corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 26, 1979.


Attorney(s) appearing for the Case

James N. Adler, Munger, Tolles & Rickershauser, Los Angeles, Cal., for petitioner.

Sandra K. Williams, N.L.R.B., Washington, D. C., for respondent.

Before CHOY, ANDERSON and HUG, Circuit Judges.


CHOY, Circuit Judge.

Douglas Aircraft petitions to set aside an order of the National Labor Relations Board (NLRB) which refused to defer to an arbitration award establishing that a worker was not fired because of his union activities. We agree that the Board should have deferred, and we set aside its order.

Douglas Aircraft discharged McMurphy, an employee. He filed a complaint with the NLRB and his union prosecuted a grievance under the collective bargaining...

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