SERVICE EMP. INTERN. U. LOCAL 250 v. N. L. R. B.

No. 79-7682.

640 F.2d 1042 (1981)

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 250, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and E. H. Limited d/b/a Earringhouse Imports, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1981.


Attorney(s) appearing for the Case

David A. Rosenfeld, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., argued, for petitioner.

Elliott Moore, N. L. R. B., Washington, D. C., on brief; Robert Magor, Severson, Werson, Berke & Melchior, San Francisco, Cal., for respondent.

Before DUNIWAY and KENNEDY, Circuit Judges, and CURTIS, District Judge.


KENNEDY, Circuit Judge:

The primary question here is whether an earlier judgment by a Court of Appeals precludes adjudicating other legal aspects of the dispute in further proceedings before the National Labor Relations Board [Board]. The Board, the Union and the employer were previously before the United States Court of Appeals for the District of Columbia Circuit on the Union's petition to review an order determining that the employer committed an unfair labor practice...

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