David J. Bergman, as Representative of the Employees of Sierra Glass Service, Inc. v. National Labor Relations Board

577 F.2d 100 98 L.R.R.M. (BNA) 3131 , 84 Lab.Cas. P 10,703 David J. BERGMAN, as Representative of the Employees of Sierra Glass Service, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 77-2183. United States Court of Appeals, Ninth Circuit. June 15, 1978. Lawrence V. Brown, Jr. (argued), Belmont, Cal., for petitioner. Linda Dreeben (argued), San Francisco, Cal., for respondent. On Petition to Review An Order of the National Labor Relations Board. Before TUTTLE, * DUNIWAY and WRIGHT, Circuit Judges. TUTTLE, Circuit Judge: 1 This case presents a petition to review a final order of the National Labor Relations Board. Jurisdiction is based on § 10(f) of the National Labor Relations Act, 29 U.S.C. § 160 (f). The only issue before the court is whether the Board properly dismissed a complaint alleging that the Glaziers and Glass Workers Union, Local 767 ("Local 767") committed an unfair labor practice by filing suit in federal district court under § 301 of the Act, 29 U.S.C. § 185 . 1 Based on our conclusion that the Board's order is consistent with long- standing Board precedent and with the policies of the Act, the petition to set aside the…