National Labor Relations Board v. Bob's Big Boy Family Restaurants, a Division of Marriott Corporation

The National Labor Relations Board petitions for enforcement of its order requiring Bob’s Big Boy Family Restaurants to bargain with Local 37 of the Bakery and Con-fectionary Workers International Union. We previously refused to enforce the order and remanded for the Board to provide a reasonable explanation why its contract-bar rule did not preclude the election of Local 37. Bob’s Big Boy Family Restaurants v. NLRB, 625 F.2d 850 (9th Cir.1980). Because the Board has failed to explain the order adequately, we deny enforcement once again.

I

As reported in our earlier opinion, the duration clause of a collective bargaining agreement between Big Boy and Bob’s Employees’ Association stated clearly that the agreement ran from December 11, 1974 to December 31, 1977. The Employees’ Association circulated a booklet, which all interested parties used regularly, reproducing the agreement. The duration clause contained therein was accurate. However, the cover of the booklet incorrectly stated the date that the agreement went into effect. It bore the inscription: “January 1, 1975 to December 31, 1977.” . There has been no showing that Big Boy caused or knew of the error, or that Local 37…