International Ass'n of Machinists & Aerospace Workers v. National Labor Relations Board

MEMORANDUM *

This case arises from a dispute between two unions and an employer over the allocation of work. Petitioners International Association of Machinists & Aerospace Workers (“LAM”) and SSA Terminals, LLC, seek judicial review of Respondent National Labor Relations Board’s order quashing a notice of hearing in a proceeding initiated under § 10(k) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 160 (k).

The Board’s findings of fact are conclusive if supported by substantial evidence. 29 U.S.C. § 160 (e)-(f). “Under this standard, a finding will not be disturbed if supported by ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Howard v. FAA, 17 F.3d 1213, 1216 (9th Cir.1994) (quoting. Consol. Edison Co. of N.Y. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206 , 83 L.Ed. 126 (1938)). We must consider “the record as a whole, ... weighing both the evidence that supports and the evidence that detracts from the [agency’s] decision.” Mayes v. Massanari, 276 F.3d 453, 459 (9th Cir.2001).

In this case, there was testimony that, prior to 2004, workers represented by the International Longshore and Warehouse Union (“ILWU”) had…