United States Ninth Circuit

Under the heightened duty of fair dealing applicable to a union's operation of an exclusive hiring hall, the NLRB's conclusion that a union's refusal to readmit plaintiff was necessary under the National Labor Relations Act was not supported by substantial evidence.

Appellate Information

• Argued 02/13/2002
• Decided 04/16/2003
• Published 04/16/2003

Judges

• Before: WALLACE, KOZINSKI and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dylan B. Carp, San Francisco, CA, argued the case for the petitioner.  Glenn M. Taubman, Springfield, VA, assisted on the briefs.


• For Appellees:
  
• Jeffrey L. Horowitz, NLRB, Washington, DC, argued the case for the respondent.  Frederick C. Havard, NLRB, Washington, DC, assisted on the briefs.