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BENELI v. N.L.R.B.

No. 15-73426.

873 F.3d 1094 (2017)

Coletta Kim BENELI, Petitioner, v. The NATIONAL LABOR RELATIONS BOARD, Respondent, and Babcock & Wilcox Construction Co., Inc., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2017.

Attorney(s) appearing for the Case

Myron L. Scott (argued), Law Office of Myron Scott, Tempe, Arizona, for Petitioner.

Ruth E. Burdick (argued), Deputy Assistant General Counsel; Heather S. Beard , Attorney; Robert J. Engleheart , Supervisory Attorney; Linda Dreeben , Deputy Associate General Counsel; John H. Ferguson , Associate General Counsel; Jennifer Abruzzo , Deputy General Counsel; Richard F. Griffin Jr. , General Counsel; National Labor Relations Board, Washington, D.C.; for Respondent.

Julie A. Trout (argued), Akron, Ohio, for Respondent-Intervenor.

Michael Goldberg (argued), Cherry Hill, New Jersey, for Amicus Curiae Association for Union Democracy.

Concurrence by Judge W. Fletcher.

OPINION

The central issue on appeal is whether the National Labor Relations Board (the "NLRB" or "Board") properly determined that a new standard for deferring to arbitral decisions, which was developed by the Board in the underlying case, should only be applied prospectively...

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