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EL TORITO-LA FIESTA RESTAURANTS, INC. v. N.L.R.B.

Nos. 89-70284, 89-70343.

929 F.2d 490 (1991)

EL TORITO-LA FIESTA RESTAURANTS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Hotel Employees and Restaurant Employees Union, Local 100, of New York, New York and Vicinity, AFL-CIO ("Local 100"), Respondent-Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EL TORITO-LA FIESTA RESTAURANTS, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1991.

Attorney(s) appearing for the Case

H. Reed Ellis, DeMaria, Ellis & Hunt, Newark, N.J., for petitioner.

Laurence S. Zakson, N.L.R.B., Washington, D.C., for respondent.

Harold Ickes, Meyer, Suozzi, English & Klein, Mineola, N.Y., for respondent-intervenor.

Before HUG, BEEZER and BRUNETTI, Circuit Judges.

BEEZER, Circuit Judge:

El Torito petitioned for review of an order of the National Labor Relations Board (NLRB or Board) requiring it to recognize and to bargain with the Hotel Employees and Restaurant Employees Union, Local 100 (Union). We deny the petition and grant the Board's cross-application for enforcement.

I

The Howard Johnson Company owned and operated the Red Coach Grill in Yonkers, New York, until 1982. On May 15, 1981, Howard Johnson...

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