United States Ninth Circuit

Petition for review of an NLRB order dismissing union's complaints against hotel employers for unilaterally terminating dues-checkoff before bargaining to agreement or impasse is granted where: 1) although the NLRB was responsive to a prior mandate from the circuit court that it adopt a new rule, it did not properly apply the new rule it adopted; and 2) contrary to the NLRB's ruling, the union did not clearly and unmistakably waive any right of employees to claim dues-checkoff after the agreements expired.

Appellate Information

• Argued 06/25/2008
• Decided 08/27/2008
• Published 08/27/2008

Judges

• PAEZ, Circuit Judge:, Before:  WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael T. Anderson, Davis, Cowell & Bowe, LLP, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Julie B. Broido and Gregory P. Lauro, National Labor Relations Board, Washington, DC, for respondent.