WALNUT CREEK HONDA ASSOCIATES 2, INC. v. N.L.R.B.

Nos. 95-70278, 95-70343.

89 F.3d 645 (1996)

WALNUT CREEK HONDA ASSOCIATES 2, INC., dba Walnut Creek Honda, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Automotive Machinists Lodge No. 1173 Teamsters Union Local No. 315, Respondent-Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WALNUT CREEK HONDA ASSOCIATES 2, INC., dba Walnut Creek Honda, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 16, 1996.


Attorney(s) appearing for the Case

Beth E. Aspedon and Philip E. Drysdale, Fitzgerald, Abbott & Beardsley, Oakland, California, for the petitioner — cross-respondent.

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for the respondent-intervenor.

Charles Donnelly and Joseph J. Jablonski, Jr., National Labor Relations Board, Washington, D.C., for the respondent — cross-petitioner.

Before: PREGERSON and TROTT, Circuit Judges, and WINMILL, District Judge.


WINMILL, District Judge.

Introduction

This is an appeal from an NLRB decision ordering Walnut Creek Honda (Honda) to restore lost wages and benefits to striking workers. The strike began after negotiations over a collective bargaining agreement (CBA) broke down. The NLRB found that the strikers were protesting Honda's unfair labor practice of negotiating to impasse over a permissive subject of bargaining, and ordered restoration of their lost wages...

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