U.S. Court of Appeals for the Ninth Circuit, 1972

National Labor Relations Board v. Astro Electronics, Inc.

U.S. Court of Appeals for the Ninth Circuit · Decided July 21, 1972 · Merrill, Ely, Lucas

463 F.2d 176; 80 L.R.R.M. (BNA) 3315; 1972 U.S. App. LEXIS 8298 (Federal Reporter, Second Series)

Opinion

PER CURIAM:

The Board’s Decision and Order is reported at 188 NLRB No. 92.

Following protests concerning working conditions and a period of somewhat bitter negotiations, the respondent’s employees left their stations of work and the respondent’s premises. The critical factual issue is whether the employees permanently quit their employment, as the respondent contends, or whether their departure was only temporary and in the nature of a strike. The Board determined that the latter was the case, and we cannot say that the determination was without substantial evidentiary support. Accordingly, the Board’s Application for the enforcement of its Order is GRANTED. 1

. AVe reject the respondent’s suggestion that our conclusion should be withheld pending the Supreme Court’s decision in N.L.R.B. v. International Van Lines, 448 F.2d 905 (9th Cir. 1971), cert. granted, 405 U.S. 953, 92 S.Ct. 1177, 31 L.Ed.2d 230 (1972). AVe do not view that case as presenting the same issue as that which is here involved.

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