Martel Construction, Inc. v. National Labor Relations Board, National Labor Relations Board v. Martel Construction, Inc.

35 F.3d 571 148 L.R.R.M. (BNA) 2704 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MARTEL CONSTRUCTION, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MARTEL CONSTRUCTION, INC., Respondent. Nos. 93-70580, 93-70680. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1994. * Decided Sept. 13, 1994. 1 Before: KOZINSKI and FERNANDEZ, Circuit Judges, and REAL, ** District Judge. 2 MEMORANDUM *** 3 Martel Construction committed an unfair labor practice by discharging two of its employees in retaliation for their union activities. 1 We consider whether Martel's offer of reinstatement to these employees is valid and tolls its backpay liability. 4 If a reinstatement letter indicates that the offer will expire in an unreasonably short time, and it contains language indicating the deadline for reporting back to work is firm ("lapsing language"), the offer is invalid and does not toll an employer's backpay…