A. DARIANO & SONS v. DIST. COUNCIL NO. 33

No. 87-2799.

869 F.2d 514 (1989)

A. DARIANO & SONS, INC., a California corporation, Plaintiff-Appellant, v. DISTRICT COUNCIL OF PAINTERS NO. 33, and Northern California Painters Administrative Fund, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1989.


Attorney(s) appearing for the Case

Roger M. Mason, Ellen S. Lewis, Thierman, Cook, Brown & Mason, San Jose, Cal., for plaintiff-appellant.

Robert E. Jesinger, Mark S. Renner, Wylie, McBride, Jesinger & Sure, San Jose, Cal., for defendants-appellees.

Before ALDISERT, BRUNETTI and LEAVY, Circuit Judges.


ALDISERT, Circuit Judge:

The question arising here is whether a determination by the Regional Director of the National Labor Relations Board ("NLRB" or "the Board") that A. Dariano & Sons, Inc. ("A. Dariano") and Dariano Brothers, Inc. ("Dariano Brothers") were not common, single or joint employers, precluded an arbitrator in a subsequent proceeding from concluding that Dariano Brothers was the alter ego of A. Dariano for the purpose of employee representation...

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