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N. L. R. B. v. ROONEY

No. 80-7332.

677 F.2d 44 (1982)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. John ROONEY, David Hinman and Beverly Foster, d/b/a Rooney's At The Mart, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Margery Lieber, Atty., N.L.R.B., Washington, D. C., argued, for petitioner; Robert G. Servell, Washington, D. C., on brief.

Matthew D. Ross, Brundage, Davis, Frommer & Jesinger, and Robert M. Cassel, Specter, Berman, Cassel & Carter, San Francisco, Cal., argued, for respondents; Charles Klinedinst, Petit & Martin, San Francisco, Cal., on brief.

Before SNEED and BOOCHEVER, Circuit Judges, and TAKASUGI, District Judge.

BOOCHEVER, Circuit Judge.

We affirm the National Labor Relations Board's (NLRB) decision that Rooney's at the Mart (Rooney's) anti-button policy was discriminatorily applied, but find that the NLRB's order is overly broad. We also hold that the NLRB erred in finding that Rooney's committed an unfair labor practice by promulgating and enforcing (1) an allegedly invalid oral no-solicitation rule; and (2) a facially valid, but allegedly improperly motivated, written...

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