Machinists District Lodge No. 190, Local Lodge 1584, International Ass'n of Machinists & Aerospace Workers v. National Labor Relations Board

MEMORANDUM ***

Machinists District Lodge Number 190, Local Lodge 1584, International Association of Machinists and Aerospace Workers, AFL-CIO (“Union”) petitions this court to review the decision of the National Labor Relations Board (“Board”) dismissing certain portions of the Union’s complaint. 341 NLRB No. 14 , 2004 WL 210366 . The petition is denied and the Board’s decision is affirmed.

We will uphold a Board decision if substantial evidence supports its findings of fact and if the Board applies the law correctly. Sever v. NLRB, 231 F.3d 1156 , 1164 (9th Cir.2000). We must enforce the Board’s decision if a reasonable fact-finder could reach the same conclusions. Allentown Mack Sales & Serv., Inc. v. NLRB, 522 U.S. 359, 364, 366-67, 377 , 118 S.Ct. 818 , 139 L.Ed.2d 797 (1998).

Furthermore, the Board has “primary responsibility for developing and applying national labor policy.” NLRB v. Curtin Matheson Scientific, Inc., 494 U.S. 775, 786 , 110 S.Ct. 1542 , 108 L.Ed.2d 801 (1990). We must therefore defer to the rules imposed by the Board if: (1) they are “ ‘rational and consistent with the [National Labor Relations] Act,’ ” Allentown Mack, 522 U.S. at 364 , 118 S.Ct. 818…