Systems West LLC v. National Labor Relations Board

Good Law
196 F. App'x 562
United States Court of Appeals for the Ninth CircuitAugust 4, 2006No. 04-74764California542 words

Opinion

Lead Opinion

*563 MEMORANDUM **

The National Labor Relations Board found that Systems West violated section 8(a) of the National Labor Relations Act, 29 U.S.C. § 158 (a), through various incidents of unfair labor practices, and ordered Systems West to cease and desist those violations, to post notices of employee rights around its jobsites, and to set aside the results of the Union representation election. This court does not have jurisdiction to directly review the Board’s order setting aside the representation election. Raley’s, Inc. v. NLRB, 725 F.2d 1204, 1205 (9th Cir.1984) (en banc). Systems West’s petition for review is therefore dismissed in part, and the scope of the court’s review is limited to the order to cease and desist unfair labor practices and to post and mail remedial notices to employees.

The Board’s findings of unfair labor practices are supported by substantial evidence in the record that under all the circumstances, the supervisor statements characterized by the Board as unlawful interrogations or threats “reasonably [tended] to restrain or interfere with the employees in the exercise of their protected rights” under section 7 of the NLRA. NLRB v. Bighorn Beverage, 614…

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