Diamond Walnut Growers, Inc. v. National Labor Relations Board, National Labor Relations Board v. Diamond Walnut Growers, Inc.

Good Law
53 F.3d 1085·95 Daily Journal DAR 6345·149 L.R.R.M. (BNA) 2400·1995 U.S. App. LEXIS 11335·95 Cal. Daily Op. Serv. 3678
United States Court of Appeals for the Ninth CircuitMay 18, 199593-70856, 93-70908California2,276 words

Opinion

Opinion

Canby, J.

OVERVIEW

Diamond Walnut Growers, Inc. petitions for review of a decision and order of the National Labor Relations Board. The Board found that Diamond violated Section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), by filing a libel suit. The Board cross-petitions for enforcement and asks us summarily to affirm its finding that Diamond violated Section 8(a)(1) and (5) of the Act, 29 U.S.C. §§ 158 (a)(1) and (5), by refusing to provide the union with the names and addresses of all workers performing work within the bargaining unit. We have jurisdiction under 29 U.S.C. §§ 160 (e) and (f). We deny Diamond’s petition for review, affirm the Board’s findings, and grant the Board’s petition for enforcement.

I

FACTS

In September 1991, the Cannery Workers, Processors, Warehousemen and Helpers Union, Local No. 601, International Brotherhood of Teamsters, AFL-CIO (the Union) called a strike against Diamond. Soon after the strike began, the California School Employees Association (“CSEA”) wrote a letter to Diamond’s major customers announcing a boycott. The letter stated that “Diamond refuses to negotiate with the members of the [Union].” On October 31, 1991,…

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