Daniel Kane v. National Labor Relations Board

8 F.3d 27 148 L.R.R.M. (BNA) 2128 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. DANIEL KANE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 92-70076. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 13, 1993. Decided Oct. 1, 1993. As Amended Nov. 2, 1993. Before: BROWNING, CHOY, and CANBY, Circuit Judges. 1 MEMORANDUM * 2 When there is a conflict of interest between the employee and his union representative in an arbitration, the National Labor Relations Board does not defer to the results of the arbitration, because it cannot be presumed the union representative adequately protected the employee's statutory rights. See Carolina Freight Carriers Corp., 295 NLRB 1080 , 1081 (1989); Hendrickson Bros., Inc., 272 NLRB 438 (1985), enf'd mem., 762 F.2d 990 (2d Cir.1985); see also NLRB v. International Brotherhood of Electrical Workers, Local 11, 772 F.2d 571 , 575 (9th Cir.1985) (Board properly refused to defer given conflict of…