Beneli v. NLRB

The 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. View "Beneli v. NLRB" on Justia Law