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NLRB v. INT'L ASS'N OF BRIDGE, STRUCTURAL UNION

Nos. 88-07283, 89-70522, 90-70053, 98-70929.

891 F.3d 1182 (2018)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRONWORKERS UNION, LOCAL 433, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2018.

Attorney(s) appearing for the Case

Kevin J. Hobson (argued), Trial Attorney; Kevin P. Flanagan, Supervisory Attorney; Contempt, Compliance and Special Litigation Branch, National Labor Relations Board, Washington, D.C.; for Petitioner.

David A. Rosenfeld (argued), Weinberg Roger & Rosenfeld, Alameda, California, for Respondent.

I agree with the result reached by my colleagues. However, I disagree with their decision to reach the merits and would have instead dismissed Ironworkers' petition as nonjusticiable. In my view, Ironworkers' constitutional challenge to section 8(b)(4)(ii)(B), cloaked in the guise of a Rule 60(b)(5) motion...

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