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N. L. R. B. v. LOCAL NO. 12, ETC.

Nos. 80-7467, 79-7650, 80-7216 and 80-7104.

673 F.2d 1094 (1982)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL NO. 12, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Respondent, and Operating Engineers Health and Welfare Fund, Operating Engineers Pension Trust, Operating Engineers Vacation-Holiday Savings Trust, Operating Engineers Training Trust, Southern California Operating Engineers Benefits Administration, Inc., and Leo J. Majich, Respondents. MAAS & FEDUSKA, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local No. 12, International Union of Operating Engineers, AFL-CIO, Intervenor, and Operating Engineers Health and Welfare Fund, Operating Engineers Pension Trust, Operating Engineers Vacation-Holiday Savings Trust, Operating Engineers Training Trust, Southern California Operating Engineers Benefits Administration, Inc., and Leo J. Majich, Intervenors and Cross-Petitioners.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1982.

Attorney(s) appearing for the Case

John H. Ferguson, Washington, D. C., argued, for N. L. R. B.; Elliott Moore, John H. Ferguson, N. L. R. B., Washington, D. C., Wilford W. Johnansen, N. L. R. B., Los Angeles, Cal., on brief.

Howard C. Hay, Hastings, Janofsky & Walker, Costa Mesa, Cal., for Maas & Feduska.

Wayne Jett, Jett, Clifford & Laquer, Los Angeles, Cal., for Operating Engineers Health & Welfare Fund.

Before CHAMBERS and WALLACE, Circuit Judges, and WHELAN, District Judge.

WHELAN, District Judge:

This matter includes four different appeals, each of which is related to the others. The parties to the various appeals are: The National Labor Relations Board (hereinafter referred to as the Board); Maas & Feduska, Inc. (hereinafter referred to as the Company); the International Union of Operating Engineers Local 12, AFL-CIO (hereinafter referred to as the Union); and the Operating Engineers Health and Welfare Fund, the Operating Engineers...

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