United States Ninth Circuit

In a petition for review of an NLRB order finding that petitioner-union committed an unfair labor practice by failing to give ten days' notice before beginning a concerted refusal to work under Section 8(g) of the National Labor Relations Act, the petition is denied where an individual's exercise of the right to decline particular overtime work is not the same as a collective refusal to do any overtime work.

Appellate Information

• Argued 02/13/2009
• Decided 08/03/2009
• Published 08/03/2009

Judges

• Before: ALFRED T. GOODWIN, MARY M. SCHROEDER and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christopher Scanlan, San Francisco, CA, for the intervenor.


• For Appellees:
  
• David Rosenfeld, Alameda, CA, for the petitioner-respondent., Julie Broido, Washington, DC, for the respondent-petitioner.