Service Employees International Union Local 250, Afl-Cio v. National Labor Relations Board, and E. H. Limited D/B/A Earringhouse Imports, Intervenor

The primary question here is whether an earlier judgment by' a Court of Appeals precludes adjudicating other legal aspects of the dispute in further proceedings before the National Labor Relations Board [Board]. The Board, the Union and the employer were previously before the United States Court of Appeals for the District of Columbia Circuit on the Union’s petition to review an order determining that the employer committed an unfair labor practice, and on the Board’s and the employer’s cross-petitions. The judgment was in favor of the employer, reversing the Board’s finding that an unfair labor practice had occurred. Service Employees Int’l Union, Local 250 v. NLRB, 600 F.2d 930 (D.C.Cir. 1979). The Union then went back to the Board. The Union contended that the Court of Appeals’ decision was limited to a determination that the employer had not committed unfair labor practices under sections 8(a)(1), (4) and (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), (4) and (5) (1976), and that the Court had not adjudicated a Union claim that the employer had also violated section 8(a)(3), 29 U.S.C. § 158 (a)(3) (1976). The Board declined jurisdiction, and the Union now…