Liberty Natural Products, Inc. v. National Labor Relations Board, National Labor Relations Board v. Liberty Natural Products, Inc.

73 F.3d 369 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LIBERTY NATURAL PRODUCTS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LIBERTY NATURAL PRODUCTS, INC., Respondent. No. 94-70489. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1995. * Decided Dec. 20, 1995. Before: BROWNING, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Since the parties are familiar with the facts, we need not recite them here. 3 I. National Labor Relations Act ("Act"), 29 U.S.C. Sec. 157 4 The petition activity was clearly a protected activity. Shelly & Anderson Furniture Mfg. Co., Inc. v. NLRB, 497 F.2d 1200, 1202-03 (9th Cir.1974). The purpose of the petition was to let management know that the employees were dissatisfied with Liberty's paycheck distribution policy and with their wages. Therefore, Liberty's discharge of Crumbaker and Cunningham was a prima facie violation of Sec. 8(a)(1).…