Barbosa

Bud Antle, Inc. v. Barbosa

Good Law
45 F.3d 1261·1994 WL 736945
United States Court of Appeals for the Ninth CircuitSeptember 9, 1994Nos. 93-15002, 93-15642 and 93-15652California9,559 words

Opinion

Lead Opinion

Reinhardt, J.

ORDER

The petition for rehearing is denied.

The opinion filed September 9, 1994, 35 F.3d 1355 , is ordered amended as follows.

At p. 1361 n. 11, change the first full paragraph to read:

At p. 1361, delete the third paragraph.

OPINION

This case involves several complicated questions regarding the preemptive effect of the National Labor Relations Act (“NLRA” or “the Act”). Bud Antle, Inc., (“Bud” or “the company”)- appeals the district court’s Rule 12(b)(6) dismissal of its action against the members and executive secretary of the California Agricultural Labor Relations Board (“ALRB” or “state board”). 1 The company claims that the National Labor Relations Act ousts the ALRB of jurisdiction to adjudicate various unfair labor practice charges which are now pending before the state board. It seeks injunctive relief to prohibit the ALRB from continuing its proceedings. The district court concluded that the NLRA does not preempt ALRB jurisdiction over the charges. It also held that it was required to abstain pursuant to Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). Bud challenges both of these decisions on appeal, and we reverse.

I.

The ALRB, a state…

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