National Labor Relations Board v. Directors Guild of America, Inc., Milton Trager, Intervenor

Ninth Circuit

National Labor Relations Board v. Directors Guild of America, Inc., Milton Trager, Intervenor

494 F.2d 692

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 12, 1974

Docket73-1134

StatusPublished

Cited by3 cases

This text of 494 F.2d 692 (National Labor Relations Board v. Directors Guild of America, Inc., Milton Trager, Intervenor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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National Labor Relations Board v. Directors Guild of America, Inc., Milton Trager, Intervenor, 494 F.2d 692 (9th Cir. 1974).

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Opinion

PER CURIAM:

The critical issues before us, and a detailed statement of the facts, are clearly delineated in the order of the Board. In re Directors Guild of America, 198 N.L. R.B. No. 103, 81 LRRM 1477 (1972). In full support of the Board’s order is In re International Photographers of the Motion Picture Industries, Local 659, etc., 197 NLRB No. 134, 81 LRRM 1223 (1972) enforced, 477 F.2d 450 (C.A.D. C.1973), cert denied 414 U.S. 1157, 94 S. Ct. 914, 39 L.Ed.2d 109 (1974).

We have considered NLRB v. Gray Line Tours, Inc., 461 F.2d 763 (C.A.9 (1972) and Arizona Public Service Co. v. NLRB, 453 F.2d 228 (C.A.9, 1971), and other cases slanted toward respondent’s viewpoint, but find them distinguishable. In the final analysis, they turn on their own facts and cannot be used as a yardstick on a somewhat similar, yet clearly distinguishable state of facts. Except in unusual cases, we should leave the complexity of these problems to the Board’s expertise and abide by its decisions. For the reasons stated in the order of the Board, we grant the application and enforce the order.

Order enforced.

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PER CURIAM:

The critical issues before us, and a detailed statement of the facts, are clearly delineated in the order of the Board. In re Directors Guild of America, 198 N.L. R.B. No. 103, 81 LRRM 1477 (1972). In full support of the Board’s order is In re International Photographers of the Motion Picture Industries, Local 659, etc., 197 NLRB No. 134, 81 LRRM 1223 (1972) enforced, 477 F.2d 450 (C.A.D. C.1973), cert denied 414 U.S. 1157, 94 S. Ct. 914, 39 L.Ed.2d 109 (1974).

We have considered NLRB v. Gray Line Tours, Inc., 461 F.2d 763 (C.A.9 (1972) and Arizona Public Service Co. v. NLRB, 453 F.2d 228 (C.A.9, 1971), and other cases slanted toward respondent’s viewpoint, but find them distinguishable. In the final analysis, they turn on their own facts and cannot be used as a yardstick on a somewhat similar, yet clearly distinguishable state of facts. Except in unusual cases, we should leave the complexity of these problems to the Board’s expertise and abide by its decisions. For the reasons stated in the order of the Board, we grant the application and enforce the order.

Order enforced.

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494 F.2d 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-directors-guild-of-america-inc-milton-ca9-1974.

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