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GARDNER MECHANICAL SERVICES, INC. v. N.L.R.B.

Nos. 94-70192, 94-70262.

89 F.3d 586 (1996)

GARDNER MECHANICAL SERVICES, INC.; Gardner Engineering, Inc., Petitioners-Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, Local 350, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Robert G. Hulteng, Jeffrey S. Bosley, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Francisco, California, for petitioner-cross-respondent, Gardner Mechanical Services, Inc.

Charles Donnelly, John J. Fawley, National Labor Relations Board, Washington, D.C., for respondent-cross-petitioner National Labor Relations Board.

John J. Davis, Jr., McCarthy, Johnson & Miller, San Francisco, California, for respondent-intervenor U.A. Local 350.

Before: KOZINSKI and JOHN T. NOONAN, Jr., Circuit Judges, BREWSTER, District Judge.

BREWSTER, District Judge:

Gardner Engineering, Inc. ("GEI") and Gardner Mechanical Services, Inc. ("GMS") seek review of the National Labor Relations Board's order finding that GMS and GEI engaged in unfair labor practices in violation of sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act ("the Act"). 29 U.S.C. §§ 158(a)(1) and (5). The National Labor Relations Board ("the Board") filed a cross-application for enforcement of its order, and...

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