National Labor Relations Board v. Ashkenazy Property Management Corporation D/B/A L'ErmitagE Hotel

ORDER

The charging party’s motion to compel compliance with our decision in this case, issued on July 28, 1986, 796 F.2d 479 , is denied. The NLRB has agreed that it will comply with that decision in light of our earlier decision in Local 512, Warehouse & Office Workers’ Union v. NLRB (Felbro), 795 F.2d 705 (9th Cir.1986). In Felbro, we held that, in the case of workers present in the United States, remedies afforded for violations of the National Labor Relations Act, 29 U.S.C. § 158 (1982), were to be implemented regardless of the worker’s immigration status. Id.

The Board’s statement that it is agreeing to comply with Felbro in this case only is unacceptable. Administrative agencies are not free to refuse to follow circuit precedent in cases originating within the circuit, unless the Board has a good faith intention of seeking review of the particular proceeding by the Supreme Court. See Lopez v. Heckler, 572 F.Supp. 26 (C.D.Cal.1983), aff 'd in part, rev’d in part, 725 F.2d 1489, 1503 (9th Cir.) (The “Secretary is deliberately and unequivocally flouting the procedures she is required by law to follow.... [T]he Secretary here knows precisely what the courts say the law is and…