National Labor Relations Board v. Boden Store Fixtures, Inc.

Good Law
157 F. App'x 18
United States Court of Appeals for the Ninth CircuitNovember 17, 2005No. 04-75783; NLRB No. 36-9451California373 words

Opinion

Lead Opinion

MEMORANDUM **

The National Labor and Relations Board (Board) petitions for enforcement of *19 its order against Boden Store Fixtures, Inc. The Board found that Boden had violated subsections 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), (5), and ordered it to provide information to the Pacific Northwest Regional Council of Carpenters (Regional Council). We review the Board’s factual findings for substantial evidence and its legal conclusions for legal error. NLRB v. O’Neill, 965 F.2d 1522, 1526 (9th Cir.1992).

Boden does not contest the relevance of the requested information to the processing of a grievance concerning subcontracting practices, but instead argues that the Regional Council could not properly request that information. We disagree.

At the time the information was sought, Boden was bound by a collective bargaining agreement with the United Brotherhood of Carpenters and Joiners of America (International Union). The International Union delegated to the Regional Council the authority to investigate and process grievances. The International Union permissibly did so. See Whisper Soft Mills, Inc. v. NLRB, 754 F.2d 1381 , 1386 (9th…

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