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N.L.R.B. v. MASONIC HOMES OF CALIFORNIA

No. 79-7377.

624 F.2d 88 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MASONIC HOMES OF CALIFORNIA, INC., Respondent, Hospital and Institutional Workers Union, Local 250, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided July 25, 1980.

Attorney(s) appearing for the Case

Lee Jackson, Washington, D. C., for petitioner.

David A. Rosenfeld, San Francisco, Cal., argued for intervenor.

George J. Tichy, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for respondent.

Before WRIGHT, KENNEDY and HUG, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The Board seeks to enforce its order finding that Masonic violated 29 U.S.C. § 158(a)(5) and (1) by refusing to bargain with Local 250 (the Union). Masonic contends that its refusal to bargain was not an unfair practice because the Board improperly certified the Union without hearing Masonic's objections to the representation election. Masonic has shown facts raising material questions as to the validity of the election results...

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