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N.L.R.B. v. MARIN OPERATING, INC.

NLRB Nos. 20-CA-19106, 20-CA-19119.

822 F.2d 890 (1987)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MARIN OPERATING, INC., d/b/a The Clarion Hotel-Marin; Colorado Marin Associates, A Joint Venture, Respondents. MARIN OPERATING, INC., d/b/a The Clarion Hotel-Marin; Colorado Marin Associates, A Joint Venture, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1987.

Attorney(s) appearing for the Case

Joseph A. Oertel, Washington, D.C., for petitioner-cross-respondent.

Gerald Tockman, St. Louis, Mo., for respondents-cross-petitioners.

Before WALLACE, KENNEDY and WIGGINS, Circuit Judges.

WALLACE, Circuit Judge:

The National Labor Relations Board (Board) applies for enforcement of its order requiring Marin Operating, Inc. and Colorado Marin Associates (Marin) to recognize and bargain with two unions, and Marin cross-petitions for review of the order. The principal issue is whether a successor employer may refuse to bargain with an incumbent union on the ground that the bargaining unit is inappropriate because a predecessor employer, in recognizing...

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