Beneli v. NLRB, No. 15-73426 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit denied a petition for review of the denial of petitioner's unfair labor practice complaint. The panel held that the NLRB properly applied a new standard for deferring to arbitral decisions only prospectively. Accordingly, the panel affirmed the arbitral decision under the previous deferral standard. The panel applied a five-factor analysis in Montgomery Ward & Co. v. FTC, 691 F.2d 1322, 1333 (9th Cir. 1982), to balance the interests in considering retroactive application of a new standard and held that the NLRB properly applied the new standard only prospectively. Although petitioner's case was one of first impression before the Board, the other four factors of the retroactivity test substantially outweighed that one factor.
Court Description: National Labor Relations Board The panel denied an employee’s petition for review, and held that the National Labor Relations Board (“NLRB”) properly applied a new standard for deferring to arbitral decisions only prospectively, and upheld the NLRB’s substantive decision to affirm an arbitral decision – denying the employee’s unfair labor practice complaint – under the previous more deferential standard. The panel applied the five factors articulated in Montgomery Ward & Co. v. FTC, 691 F.2d 1322, 1333 (9th Cir. 1982), to review the NLRB’s decision to apply only prospectively the new standard for arbitral deferral. First, the panel held that this case was a case of “first impression,” and the factor weighed in favor of retroactive application of the new standard. Second, the panel held that the new standard represented an abrupt departure from well- established practice, and this factor strongly favored
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