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SPARKS NUGGET, INC. v. N.L.R.B.

Nos. 90-70316, 90-70370.

968 F.2d 991 (1992)

SPARKS NUGGET, INC., d/b/a John Ascuaga's Nugget, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Hotel Employees and Restaurant Employees Local 86, Hotel Employees and Restaurant Employees International Union, AFL-CIO (Union), Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, and Hotel Employees and Restaurant Employees Local 86, Hotel Employees and Restaurant Employees International Union, AFL-CIO (Union), Intervenor, v. SPARKS NUGGET, INC., d/b/a John Ascuaga's Nugget, Respondent,

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 5, 1991.

Resubmitted May 14, 1992.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Robert G. Hulteng, Elizabeth A. Franklin, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., Richard L. Davenport, Davenport & Perry, Sparks, Nev., for petitioner.

Joseph A. Oertel, N.L.R.B., Washington, D.C., for respondent.

Barry S. Jellison, Andrew J. Kahn, and Michael T. Anderson, Davis, Cowell & Bowe, San Francisco, Cal., for intervenor.

Before: TANG and TROTT, Circuit Judges, and BREWSTER, District Judge.

TROTT, Circuit Judge:

We review, in this case, a decision of the National Labor Relations Board ("NLRB" or "the Board") holding that Sparks Nugget, a hotel/casino, violated sections of the National Labor Relations Act ("NLRA" or "the Act") by: (1) bargaining with the Hotel, Motel, Restaurant and Employees and Bartender's Union Local 80 ("the union") in bad faith; and (2) forcing union agents to halt picketing, handbilling, and recording of bus license numbers in the...

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