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RAYNER v. N. L. R. B.

Nos. 80-7486, 80-7612.

665 F.2d 970 (1982)

Gordon L. RAYNER and Frank H. Clark, d/b/a Bay Area Sealers and Bay Area Sealers, Inc., Petitioners and Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent and Cross-Petitioner, and Auto, Marine and Specialty Painters Union, Local No. 1176, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1982.

Rehearing Denied March 3, 1982.

Attorney(s) appearing for the Case

Maureen E. McClain, Littler, Mendelson, Fastiff & Tichy San Francisco, Cal., argued for petitioners and cross-respondents; David A. Rosenfeld, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., on brief.

Victoria Higman, Washington, D. C., argued for respondent and cross-petitioner; Howard E. Perlstein, Washington, D. C., on brief.

Before ANDERSON, NELSON and NORRIS, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Gordon Rayner and Frank Clark, business partners doing business as Bay Area Sealers (the Company), petition for review of a decision and order of the National Labor Relations Board (the Board), 251 N.L.R.B. 89, finding that they have violated §§ 8(a)(1) and (5) of the National Labor Relations Act (the Act), 29 U.S.C. §§ 158(a)(1) and (5) (1976), by refusing to recognize and bargain with the Auto, Marine &...

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