Nat'l Labor Relations Bd. v. Sir James, Inc.

Full title: NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SIR JAMES, INC., Respondent

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 6, 1971

446 F.2d 570 (9th Cir. 1971)

Opinion

No. 26881.

August 6, 1971.

Thomas Silfen (argued), NLRB, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D.C., for petitioner.

David S. Bradshaw (argued), Don T. Hibner, of Sheppard, Mullin, Richter Hampton, Los Angeles, Cal., for respondent.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and THOMPSON,^_ District Judge.

_ Bruce R. Thompson, judge of the United States District Court for the District of Nevada, sitting by designation.

PER CURIAM:

The Board's order will be enforced.

The early unilateral discontinuance of the health and welfare payments we conclude was an unfair labor practice. Hinson v. N.L.R.B., 8 Cir., 428 F.2d 133.

The finding that the company refused to bargain to an impasse is supported by the record considered as a whole.

THOMPSON, District Judge, dissents on the refusal to bargain issue.