RALEY'S, INC. v. N.L.R.B.

Nos. 81-7471, 81-7592.

725 F.2d 1204 (1984)

RALEY'S, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Retail Clerks Union Locals 373, 583, and 1179, United Food & Commercial Workers, AFL-CIO and Independent Drug Clerks Association, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided February 13, 1984.


Attorney(s) appearing for the Case

Henry F. Telfeian, McLaughlin & Irvin, Norman Leonard, San Francisco, Cal., for petitioner.

William R. Stewart, David R. Marshall, NLRB, Washington, D.C., Richard G. McCracken, Davis, Cowell & Cown, San Francisco, Cal., for respondent.

Before BROWNING, Chief Judge, GOODWIN, WALLACE, HUG, TANG, SCHROEDER, PREGERSON, POOLE, CANBY, NORRIS, and REINHARDT, Circuit Judges.


HUG, Circuit Judge:

We ordered en banc review of this case to decide a narrow jurisdictional question: Does this court have jurisdiction to review a decision of the National Labor Relations Board ordering a representation election when that decision is based entirely on unfair labor practice findings that are also on review?

The panel initially hearing this case held that this court had jurisdiction to review the election order as well as the unfair labor...

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