United States First Circuit

On remand from a reversal by the Circuit Court, the NLRB focused on isolated language from court's order, which stated unequivocally that under NLRB precedent "a finding in favor of [the employer] is required," to justify its renewed unfair labor practice findings against employer, and it ignored Circuit Court's ruling and disregarded the law of the case; accordingly, the NLRB's second decision reversed with an explicit instruction to dismiss charges against the employer.

Appellate Information

• Decided 03/29/2002
• Published 03/29/2002

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and STEARNS, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jay M. Presser with whom Skoler, Abbott & Presser, P.C. were on brief for Appellant., Sue D. Gunter, with whom Robert D. Kurnick, James E. Rubin, and Sherman, Dunn, Cohen, Leifer, Yellig P.C. were on brief for Intervenor.


• For Appellees:
  
• Sharon Block, Supervisory Attorney, with whom Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, were on brief for Appellee.