International Association Of Machinists And Aerospace Workers, Afl-Cio, District Lodge No. 87, Local Lodge No. 1309, Petitioner v. National Labor Relations Board

530 F.2d 849 91 L.R.R.M. (BNA) 2832 , 78 Lab.Cas. P 11,301 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE NO. 87, LOCAL LODGE NO. 1309, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Valley Ford Sales, Inc., d/b/a Friendly Ford, Intervenor. No. 74--3362. United States Court of Appeals, Ninth Circuit. Feb. 25, 1976. William R. Coleman (argued), Fresno, Cal., for petitioner. Peter J. Carre, Atty. (argued), NLRB, Washington, D.C., for respondent. James M. Bell, (argued), of Crossland, Crossland, Caswell & Bell, Fresno, Cal., for intervenor Valley Ford Sales, Inc. OPINION Before HUFSTEDLER and CHOY, Circuit Judges, and CHRISTENSEN, * District Judge. PER CURIAM: 1 The case is before us upon the petition of the International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 87, Local Lodge No. 1309 ('the Union') to review a decision of the NLRB. 2 Pursuant to a stipulation by The Union and the employer, Friendly Ford, the dispute was referred to an arbitrator. The dispute concerned the alleged illegality of the employer's unilateral rescission of its wage incentive plan, which the Union claimed was an…