National Labor Relations Board v. Albertson's, Inc.

17 F.3d 395 148 L.R.R.M. (BNA) 2319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALBERTSON'S, INC., Respondent. No. 91-70626. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1993. Decided Feb. 24, 1994. Before: BRUNETTI, LEAVY, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 The National Labor Relations Board (the "Board") is applying for enforcement of its order dated December 21, 1990, in which it affirmed the finding of an administrative law judge (ALJ) that Albertson's had violated the National Labor Relations Act (the "Act") by prohibiting employees from wearing union dues buttons. We deny the Board's application for enforcement because the Board's decision in Albertson's Inc., 272 N.L.R.B. 865 (1984) ("Albertson's I") precludes the Board from finding the revised button rule to be a violation of the Act. 3 A Board determination has preclusive effect under the doctrine of collateral estoppel…