National Labor Relations Board v. Christofferson Logliners, Inc.

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. CHRISTOFFERSON LOGLINERS, INC., Respondent. No. 93-70958. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1994. Decided Dec. 22, 1994. Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 This appeal is before us on the application of the National Labor Relations Board ("Board") to enforce its decision and order of September 24, 1993 against Christofferson Logliners, Inc. of Missoula, Montana. The administrative law judge ("ALJ") found that Christofferson violated sections 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. Secs. 158 (a)(1) & 158(a)(3), 1 by failing to recall five employees from a seasonal layoff because of their support for the union. The Board affirmed the ALJ's decision. The Board's order must be enforced if the Board correctly applied the law and if its findings of fact are supported…