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SEATTLE AUTO GLASS v. N. L. R. B.

Nos. 79-7603, 79-7578, 80-7050, 79-7520 and 79-7476.

669 F.2d 1332 (1982)

SEATTLE AUTO GLASS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. WEATHERFORD MOTORS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Automobile Salesmen's Local 1095, United Food and Commercial Workers, AFL-CIO, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, and Automobile Salesmen's Local 1095, United Food and Commercial Workers, AFL-CIO, Intervenor, v. GOLDEN BEAR MOTORS, INC., d/b/a Golden Bear Ford, et al., Respondents. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BIRKENWALD, INC., d/b/a Birkenwald Distributing Company, Respondent. WESTERN PACIFIC ROOFING CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and United Slate, Tile & Composition Roofers, Damp & Waterproof Workers' Association Local No. 36, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Robert B. Vining, Jr., Clayton, Mo., for Seattle Auto Glass.

Robert G. Hulteng, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for Weatherford Motors, Inc.

Ralph B. Hoyt, Marcia Hoyt, Hoyt & Goforth, Oakland, Cal., for Golden Bear Motors, Inc., et al.

William H. Simmons, Seattle, Wash., for Birkenwald, Inc., etc.

Peter Szabadi, Acret & Perrochet, Los Angeles, Cal., for Western Pacific Roofing Corp.

Elliott Moore, Lafe E. Solomon, Washington, D. C., William S. H. Chapman, Chapman and Rosen, Santa Monica, Cal., John Elligers, Washington, D. C., for N. L. R. B.

W. Daniel Boone, Victor J. Van Bourg, Michael B. Roger, Van Bourg, Allen, Weinberg & Roger, David A. Rosenfeld, on the brief, San Francisco, Cal., for intervenors.

Before SNEED and FARRIS, Circuit Judges, and EAST, District Judge.

SNEED, Circuit Judge:

In these cases, involving four different labor disputes, the National Labor Relations Board concluded that employers violated sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (5) (1976), by impermissibly withdrawing from multiemployer bargaining units. As a result, the Board contends, each employer should be bound by the agreement subsequently reached by the respective unit and union. Each employer...

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